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Moses Obura Matika, Henry Away Makhota & Sila Samson v. Republic

(2017) JELR 98902 (CA)

Court of Appeal  •  Criminal Appeal 147 of 2016  •  17 Feb 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Paul Kihara Kariuki, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

[1] The appellants, Moses Obura Matika, Silas Samson Ongala and Henry Aywa Makhota, ("hereinafter 1st , 2nd and 3rd appellants" respectively), were convicted by Kibira Senior Resident Magistrate, of robbery with violence contrary to section 296 (2) of the Penal Code (Cap 63) and sentenced to death. Their appeals to the High Court were dismissed by Mbogholi Msagha and L. A. Achode, JJ., hence the appeal before us premised upon nine grounds which raise the following issues: identification which they claim was not positive; alleged failure to appreciate their defences; failure to re-evaluate the evidence and alleged failure to prove the charge beyond reasonable doubt.

[2] The facts of the case may be stated to put the appeal in proper perspective. On 1st February, 2007, in the afternoon at about 1.00 p.m., armed robbers entered the residential premises of Yaru Kumar, (PW 2), (Kumar), where he lived with his mother, Saraja Lumb, (PW 1), ("the complainant"). At the tim…

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