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John Gakie Muiruri v. Republic

(2005) JELR 98858 (CA)

Court of Appeal  •  Criminal Appeal 161 of 2003  •  25 Feb 2005  •  Kenya

Coram
Philip Kiptoo Tunoi, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

REPUBLIC OF KENYA

COURT OF APPEAL AT NAKURU

CRIMINAL APPEAL 161 OF 2003

OBADIAH OKILA OCHOLA........................................APPELLANT

VERSUS

REPUBLIC..................... .......................................RESPONDENT

J U D G M E N T

OBADIAH OKILA OCHOLA was charged with one count of ROBBERY WITH VIOLENCE contrary to Section 296(2) of the Penal Code. After a full trial, he was found guilty and convicted of the said offence. He was sentenced to death as mandatorily provided for in the law. Being aggrieved by the conviction and sentence he lodged this appeal. The Appellant challenges his conviction on several grounds. One that the learned trial magistrate failed to caution herself before relying on the evidence of a single identifying witness.

Two, that the evidence of identification was made under difficult circumstances. Three that the learned trial magistrate relied on exhibits that were never included as same and finally that no due consideration was given to his defence. MISS OK…

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