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Kariuki v. Republic

(1984) JELR 105047 (CA)

Court of Appeal  •  criminal appeal 177 of 84  •  25 Jul 1984  •  Kenya

Coram
James Onyiego Nyarangi, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

JUDGMENT OF THE COURT

Daniel Nyaoso Kiaga (hereinafter referred to as “the appellant”) was convicted of robbery contrary to Section 296(1) of the Penal Code and sentenced to seven years’ imprisonment with twenty four strokes. The trial court also ordered the appellant to be repatriated to Uganda on completion of his prison term. On his first appeal, Mr Justice Masime dismissed the appeal against conviction and sentence except for the number of strokes which he reduced to six because of the appellant’s age. This second appeal is on the grounds that the identification parade was rigged; the trial magistrate misdirected himself on point of law and fact; the judgment was against the weight of evidence, the appellant was framed; the sentence is harsh and excessive and the appellant is aged fifty two years.

The case put against the appellant was that, Margaret Wangui Kago owned a matatu Peugeot 404 registration No KLE 123, which she operated during day time and her driver, Josphat Hinga, oper…

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