REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
crim app 33 of 83
JAMES MWANGI
JOHN GABRIEL GITAU KAMAU...................................APPELLANT
AND
REPUBLIC.............................................................RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Nakuru (Bennet, J) dated 9th September, 1971
in
Criminal Appeal Nos 15, 16, 17 and 30 or 1971)
Evidence - circumstantial evidence - establishment of circumstances from which guilt may be drawn - burden of proof - possession of goods alleged to be stolen - whether possession per se is proof of guilt - whether the things alleged to be stolen must be positively identified - identification of accused at the scene of crime - application of circumstantial evidence.
The appellants had been convicted by a senior resident magistrate with three others of Robbery with violence contrary to Section 296(2) of the Penal Code (Cap 63) and sentenced to twenty years’ imprisonment with eighteen strokes each.
It was alleged that the …