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KURA CHARO NDOMBO v. REPUBLIC

(2003) JELR 100303 (CA)

Court of Appeal  •  crim app 63 of 02  •  24 Jan 2003  •  Kenya

Coram
Philip Kiptoo Tunoi, Effie Owuor, Moijo Matayia Ole Keiwua

Judgement

JUDGMENT OF THE COURT

The appellant, KURA CHARO NDOMBO, was after trial convicted of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. His first appeal to the High Court of Kenya at Mombasa against both conviction and sentence was dismissed on 5th October, 2001 and thus paving the way for this second appeal.

It is urged before us that the identification of the appellant was not proper and hence his conviction ought to be quashed.

The facts upon which the appellant's prosecution was based are short, straightforward and not largely in dispute. At about 10.30 p.m. on 12th June, 1998, the complainant was riding home on his bicycle from his place of work. When he reached Alaskani grounds within Mombasa Municipality three armed persons attacked him and snatched the bicycle from him. He suffered multiple cuts inflicted upon him with a sharp object. The complainant picked out the appellant during an identification parade because, he alleged, was able to i…

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