Login Register


(2010) JELR 105407 (CA)

Court of Appeal  •  Criminal Appeal 348 of 2010  •  2 Dec 2010  •  Kenya

Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Joseph Gregory Nyamu



One only main legal question is raised in this second and final appeal, namely whether or not Leonard Chege Njagu alias Joseph Karanja, the appellant, was found in possession of a motor vehicle registration number EE 1115029382, a Toyota Corolla, which had been reported as recently stolen.

On 4th October, 2004, a Toyota Corolla motor vehicle registration No. EE 111502938, was stolen from one Firdaus Mohamed Omari (PW6) and her husband Sadique Said Abeid (PW5) as they were heading to their home. The time of the alleged theft was between 8.45 p.m. and 9.45 p.m. The two were not able to identify the robbers who stole their vehicle. At about 11 p.m. the same day, the appellant was arrested inside room 216 of Perch Hotel, at Kisumu, allegedly in possession of the ignition key of the stolen motor vehicle. The motor vehicle itself was recovered at the basement parking of the said hotel. The appellant admitted he was arrested from the aforesaid room but denied anything was…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login