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Kilonzo Johanna Uryu v. Republic

(2000) JELR 99836 (CA)

Court of Appeal  •  Criminal Appeal 99 of 1999  •  26 Jan 2000  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha, Moijo Matayia Ole Keiwua

Judgement

JUDGMENT OF THE COURT

The appellant, KILONZO JOHANA URYU, was charged that on 12 February 1994 at 10.00 a.m. at Kilibesi Village, Tora Location, Kwale District, jointly with another person, robbed one Ngunyinyi Jasho of his bicycle, one bundle of maize flour, one packet of flour, one dozen cooking fat, all valued at Kshs.5,434/= and used violence immediately before, during and afterH er obwbaesr,y .on 21 June 1995 convicted by Senior Resident Magistrate in the Chief Magistrate's Court, Mombasa, and sentenced to death. His first appeal to the superior court was, on 23rd July, 1999 dismissed. He now appeals to this Court on the point of law that the identification of the appellant was not proved with certainty and/or beyond reasoWnea blem adyo ubsta.y at the outset that the question of identification received considerable and careful attention in this case. In the superior court which had dismissed the appeal it was said:

"The robbery was committed in broad daylight and there is only the …

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