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Njenga v. Republic

(1984) JELR 94307 (CA)

Court of Appeal  •  Criminal Appeal 117 of 1984  •  16 Nov 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Hancox JA, Chesoni and Nyarangi Ag JJA )

CRIMINAL APPEAL NO. 117 OF 1984

BETWEEN

NJENGA.................................................................APPELLANT

AND

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

JUDGMENT

The short point remaining for our consideration on this second appeal is whether the failure of the learned Senior Resident Magistrate at Nyeri, (Mr Ombonya), who took over the station from Mr Omondi-Tunya after the evidence of the complainant only had been given, to inform the appellant and his co-accused of their right to have that witness resummoned and reheard under section 200(3) of the Criminal Procedure Code, occasioned a failure of justice.

The charge was one of robbery contrary to section 296(1) Penal Code, committed in the house where the complainant and her children were asleep at about 2 am on the June 27 1983. The prosecution case depends on visual identification and recognition of the appel…

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