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Patrick Munyangori Ombati v. Republic

(2015) JELR 93891 (CA)

Court of Appeal  •  Criminal Appeal 242 of 2010  •  3 Jul 2015  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

On 8th September 2002, the Chief Magistrate at Kakamega convicted the appellant, Peter Munyangori Ombati for the offence of robbery with violence. He was sentenced to death. He appealed to the High Court on the grounds that the evidence on his identification was insufficient to sustain the conviction and that the prosecution did not prove its case to the required standard. The High Court rejected his appeal holding that:

“Upon re-evaluation of the evidence that was adduced, it was clear to the court that the prosecution indeed established to the required standard of proof beyond any reasonable doubt that the appellant was identified at the scene of the robbery. In our considered view, that evidence was of recognition. The complainant and PW2 knew the appellant prior to the robbery incident. They knew him even by name. They identified him by name at the scene of the robbery. No evidence was adduced to suggest that there could have existed a grudge between the appell…

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