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Fred Waweru Kirimo v. Republic

(1995) JELR 104885 (CA)

Court of Appeal  •  criminal appeal 16 of 95  •  29 Sep 1995  •  Kenya

Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi



This is a second appeal against conviction and sentence passed by Senior Principal Magistrate at Kericho whereby the appellant was convicted of robbery contrary to section 296(1) of the Penal Code and sentenced to 6 years' imprisonment and was ordered to receive 15 strokes of the cane.

His appeal to the superior court was dismissed on both conviction and sentence.

There is no eye-witness evidence connecting the appellant with the actual robbery as none of the victims were able to identify the appellant as one of the robbers who took part in the robbery which took place at the house of one Sabina Sarange Phillipowsky at Kimou Estate, Kericho on the night of 21st June, 1993.

On 22nd June, 1993 P.C. Reuben Otuma was travelling in a mini bus registration number KYR 027. This was at about 7.00 a.m. The mini bus having travelled from Kericho to the junction of Sotik and Kericho road stopped to pick up one passenger. Later the said the bus was stopped by four persons (three…

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