JAMES MOSES MOUSTACHE V. REPUBLIC

JUDGMENT OF THE COURT

In the well-known case of OKENO v. REPUBLIC [1972] EA 32 the predecessor of this Court stated the duty of a first appellate court to be:-

“..... to reconsider the evidence, evaluate it itself and draw its own conclusions in deciding whether the judgment of the trial court should be upheld.”

On 8^th July, 1993 a total of seven persons appeared before the then Principal Magistrate of Nyeri, Muga Apondi Esq., charged on one count of robbery with violence contrary to section 296(2) of the Penal Code. Those people were listed in the charge-sheet as:-

1. Peter Ndungu Ndirangu alias Kipande

2. James Moses Moustache (the appellant herein).

3. Antony Maina Moustache

4. Robinson Mwangi Gachanja

5. James Gichuki Kirahira

6. Evantus Kariuki Kiune

7. John Muthee Wangari alias Maina

The seven persons were thereafter tried on the one charge and at the end of the prosecution’s case, the trial magistrate held that the prosecution had failed to establish a prima facie case against the 6^th and…