Login Register

Bernard Kariuki Mburu & Rajab Idd Mbarak v. Republic

(2015) JELR 105559 (CA)

Court of Appeal  •  Criminal Appeal 170 & 171 of 2011  •  10 Dec 2015  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor



The appellants were upon trial before the Chief Magistrate at Kitale for the offence of robbery with violence, convicted and sentenced to death. Their appeals to the High Court having been dismissed, they have come to this Court on a second appeal.

The main complaints raised in the 8 grounds of the appellants’ supplementary memorandum of appeal is that the learned Judges of the High Court erred in sustaining their conviction based on their purported identification and recognition by a single witness and that their alibi defences were ignored.

Presenting the appeal before us, Mr. Akelo, learned counsel for the appellants, argued that had the High Court properly re-evaluated the evidence on record as it was obliged to do, it would have found that the evidence of the appellants’ identification and recognition by PW1 was flawed and totally unreliable. He said this was because the conditions at the scene of crime at the material time were not favourable for a positive id…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login