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John Ouma Karani v. Republic

(2015) JELR 97029 (CA)

Court of Appeal  •  Criminal Appeal 347 of 2011  •  21 May 2015  •  Kenya

Coram
David Kenani Maraga, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

1. This is a second appeal by John Ouma Karani against his conviction and sentence on the offence of robbery with violence contrary to Section 296(2) of the Penal Code. His first appeal was dismissed by Ali-Aroni and Chemitei, JJ in their judgment dated 28th February 2012 which provoked this one.

2. In his memorandum of appeal, the appellant complains that had the learned Judges of the High Court properly re-evaluated the evidence on record, they would have realized that his purported identification was flawed and his conviction was based on insufficient and contradictory evidence.

3. The brief facts of the case were that a blue Boxer motor cycle whose registration number is stated in the charge sheet as KMCG 862R was owned by one Daniel Owino (Owino). Owino gave it to Robert Omondi Omondi, PW1, to do “boda boda” business on his behalf.

4. On 3rd January 2010 at about 10.00 am when PW1 was at Ukwala Market, Anthony Onyango Oduor, PW2, went to him with 2 people who PW…

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