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Peter Wachiuri Gichira v. Republic

(2014) JELR 96344 (CA)

Court of Appeal  •  Criminal Appeal 381 of 2009  •  31 Mar 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



1. The appellant faced the charge of robbery with violence contrary to Section 296(2) of the Penal Code. The trial magistrate convicted and sentenced him to death. His appeal to the High Court was dismissed (Sergon and Makhandia JJ). He has now lodged a second appeal before this Court.

2. The relevant grounds of appeal as stated in the home made memorandum of appeal filed in this matter are as follows:

i. The learned judges erred in law in finding that the identification of the appellant through recognition by PW 1Joseph Kamau Gituru was not free from error.

ii. The learned judges erred in law in not finding that a one Kimani ought to have been called to testify and the failure to call him as a prosecution witness implied that his evidence was adverse to the prosecution.

3. During the hearing of this appeal, learned counsel Lucy Mwai represented the appellant while the State was represented by the Assistant Director of Public Prosecution Mr. Job Kaigai.

4. Counsel for …

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