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Patrick Adambu Wasio & Aggrey Auko Akech v. Republic

(1990) JELR 95284 (CA)

Court of Appeal  •  Criminal Appeal 24 of 1990  •  7 Dec 1990  •  Kenya

Coram
Abdul Majid Cockar, John Mwangi Gachuhi, James Onyiego Nyarangi

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: NYARANGI, GACHUHI and COCKAR JJA)

CRIMINAL APPEAL NO 24 OF 1990

PATRICK ADAMBU WASIO and OTHERS...............APPELLANT

v.

REPUBLIC.............................................................DEFENDANT

JUDGMENT

On December 7, 1990, Nyarangi, Gachuhi and Cockar JJA delivered the following Judgment.

This is a second appeal and so only issue of law fall to be raised. The only issue of law which has been urged by each appellant is that of identification. The trial court and the first appellate court have made concurrent findings of fact that the complainant knew each appellant prior to the material day. On the evidence on record, there is sound evidence in support of that finding. We do not accept that there has been any misdirection as regards the identification by recognation. There was light inside the complainant’s house before the four appellants forcibly gained entry into the house. There was light all the time the appellants remained within the house…

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