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Daniel Kuruma Kaniu v. Republic

(2015) JELR 102919 (CA)

Court of Appeal  •  Criminal Appeal 280 of 2007  •  11 Dec 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This a second appeal and our jurisdiction is limited by dint of Section 361(a) of the Criminal Procedure Code to deal with matters of law only but not to delve into matters of fact which have been dealt with by the trial court and re-evaluated by the first appellate court. It has so been held in numerous decisions of this Court such as Njoroge v. Republic [1982] KLR 388 that on second appeal we focus on points of law accepting and being bound by the concurrent findings of fact by the two courts below, unless those findings were not backed by evidence, or are based on a misapprehension of the evidence, or the two courts are shown demonstrably to have acted on wrong principles in making those findings.See, also, on an enunciation of those principles, Chemagong v. Republic [1984] KLR 611.

The appellant Daniel Kuruma Kaniu was charged alongside another (whose appeal was allowed by the High Court) with the offence of robbery with violence contrary to Section 296(2) of t…

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