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LOYALE LEMPINKANI V. REPUBLIC

(1996) JELR 104612 (CA)

Court of Appeal  •  Criminal Appeal 111 of 1995  •  27 Sep 1996  •  Kenya

Coram
Johnson Evan Gicheru JA Philip Kiptoo Tunoi JA Abdulrasul Ahmed Lakha JA

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The appellant, Loyale Lempinkani, was after trial jointly convicted with one Ltaraon Lemurtunya, on two counts of robbery contrary to section 296(1) of the Penal Code and sentenced to 7 yearsโ€™ imprisonment and ten strokes of the cane on each count. The sentences of imprisonment were ordered served concurrently but the strokes were ordered to be administered consecutively. The trial court also imposed the mandatory police supervisory period of 5 years. His appeal to the High Court against conviction and sentence was dismissed save that the number of strokes was reduced to 3 on each count.</p><p class="ql-align-justify">The appellant now appeals to this court and has urged a number of grounds, the main one being that he was not properly identified as the person who committed the offences preferred against him and subsequently convicted.</p><p class="ql-align-justify">The facts in so far as they relate to the counts which have given rise to this appeal are that on the night of 15<sup>th</sup> January, 1991, a gang of robbers broke into the โ€ฆ</p>

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