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(1994) JELR 98330 (CA)

Court of Appeal  •  crim app 108 of 92  •  13 Jun 1994  •  Kenya

Johnson Evan Gicheru, Philip Kiptoo Tunoi, Richard Otieno Kwach



The appellant was convicted of robbery contrary to

section 296(1) of the Penal Code and sentenced to 6 years

imprisonment and 5 strokes of the cane, followed by police

supervision for 5 years. His appeal to the superior court

against both conviction and sentence was summarily rejected

under section 352(2) of the Criminal Procedure Code. He has

now appealed to this court against this rejection.

The only issue of law which could have arisen in any

appeal would have been the issue of identification on which

there is more than ample evidence to prove that the appellant was one of the assailants who attacked the complainant's wife and stole his radio. Although the radio was never recovered, the appellant and the second robber were traced through their foot marks to the house where they were apprehended.

In the end we are satisfied that the evidence in this

case is sufficient to support the conviction and there is no

material in the circumstances of the case which coul…

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