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Maurice Onyango & Peter A. Wanywa v. Republic

(2001) JELR 93788 (CA)

Court of Appeal  •  crim app 3 of 00  •  19 Mar 2001  •  Kenya

Coram
Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha, Effie Owuor

Judgement

JUDGMENT OF THE COURT


In this second appeal, we are satisfied that there are no grounds for impeaching the concurrent findings by the two lower courts that the appellants, who were well-known to the complaint and the two main prosecution witnesses, were properly identified. It was established that the attack took place at about 5 p.m. along a busy road on a polling day. The identification in our view, was free from error.

The defence of alibi advanced by the appellants was not available to them for they were at the scene of the robbery.

The account of what happened by the complainant who unhesitatingly named his assailants (the appellants) to the Police agrees in all material respects with the evidence of the other prosecution witnesses.

In the end we have come to the inevitable conclusion that this appeal has no merit and must fail. It is accordingly dismissed. However, the sentence is varied to include automatic police supervision order for a period of 5 years from the date of relea…

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