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(2012) JELR 104860 (CA)

Court of Appeal  •  Criminal Appeal 390 of 2010  •  15 Mar 2012  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Wanjiru Karanja



In this second and possibly last appeal, the only issue raised by George Ochieng, the appellant, is identification. The appellant who stands convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code, was convicted after a trial, and was thereafter sentenced to death. His first appeal to the High Court was dismissed and hence the appeal before us.

The background facts are short. On 17th November, 2005 at about 2.30 a.m. while Mohamed Abubakar Naman (PW1) and his wife, Kunsum Ali Mohamed (PW3) were asleep at their residence then situated at Bakarani, a gang of robbers posing as police officers invaded them. PW1 believing they were police officers opened for them. As they entered the house electric lights were on. Initially only two of the robbers entered the house. Neither of them was familiar to either PW1 or his wife. They were armed with pangas and others who entered later were armed with batons. They interrogated PW1 as to his…

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