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Peter Kariuki Mburu v. Republic

(2017) JELR 95012 (CA)

Court of Appeal  •  Criminal Appeal 8 of 2014  •  14 Jul 2017  •  Kenya

Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Kathurima M'inoti



On 6th August 2008 the Chief Magistrate’s Court at Kiambu, convicted the appellant, Peter Kariuki Mburu of the offence of robbery with violence contrary to section 296(2) of the Penal Code and sentenced him to death. Quite properly, the trial court did not make any finding on the alternative count of handling stolen goods contrary to section 322(2) of the Penal Code, with which the appellant was also charged. (See M.B.O. v. Republic, Cr. App. No 342 of 2008). His first appeal to the High Court was heard and dismissed by Mbogholi and Achode, JJ. on 1st July 2013. The appellant now brings this second appeal in which he impugns the judgment of the High Court on three grounds, namely that the court erred by failing to properly re-evaluate the evidence; by relying on unsafe evidence of identification and by introducing extraneous matters.

Five prosecution witnesses adduced the evidence upon which the appellant was convicted. The gist of that evidence was that the appell…

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