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Francis Kuria Muiyuro v. Republic

(1995) JELR 104892 (CA)

Court of Appeal  •  Criminal Appeal 43 of 1994  •  20 Feb 1995  •  Kenya

Coram
Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

The appellant Francis Kuria Muiyuro was convicted by the Nakuru Resident Magistrate of robbery contrary to section 296(1) of the Penal Code and sentenced to 7 years imprisonment plus 12 stokes of the cane together with the mandatory 5 years police supervision period. His appeal to the High Court on conviction was dismissed but the sentence was reduced to 5 years imprisonment and 4 strokes of the cane. Against that dismissal the appellant has appealed to this Court.

This being a second appeal, this Court is precluded from questioning the findings of fact of the trial court provided that there was evidence to support those findings, though it may think it possible, or even probable, that it would not have itself come to the same conclusion. It can only entertain a second appeal on a point of law. See R v. Hassan Bin Said [1942]) E.A.C.A.62.

The concurrent findings of fact of the trial and the first appellate court that the appellant was a member of the gang that brokeā€¦

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