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James Murigu Karumba v. Republic

(2016) JELR 103863 (CA)

Court of Appeal  •  Criminal Appeal 168 of 2014  •  29 Jul 2016  •  Kenya

Coram
Festus Azangalala, George Benedict Maina Kariuki, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. This is a second appeal against the appellant’s conviction and sentence for the offence of robbery with violence. As such we remind ourselves of the parameters of our jurisdiction as a second appellate Court by dint of Section 361 of the Criminal Procedure Code is consideration of only matters of law. This Court restated as much in Karingo -vs- R (1982) KLR 213 at p. 219;

“A second appeal must be confined to points of law and this Court will not interfere with concurrent findings of fact arrived at in the two courts below unless based on no evidence. The test to be applied on second appeal is whether there was any evidence on which the trial court could find as it did (Reuben Karari C/O Karanja -vs- R (1956) 17 EACA 146)”

2. The salient facts of this case are that Abdi Kanyero Aden (PW1) (Abdi) dealt with the sale and transport of sand. On 7th March, 2005 at around 1:00 p.m. he was approached by some people who made inquiries about the cost of sand; one of them r…

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