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Rai Gofa Rai v. Republic

(2014) JELR 93949 (CA)

Court of Appeal  •  Criminal Appeal 74 of 2012  •  17 Nov 2014  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] Rai Gofa Rai who is the appellant before us was tried and convicted by the Senior Resident Magistrate Mombasa, for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to death as provided by law. Being dissatisfied, he appealed against his conviction and sentence to the High Court. The High Court (Odero and Nzioka, JJ.) dismissed his appeal and confirmed the conviction and sentence. The appellant has now moved to this Court in a further bid to have his conviction quashed and sentence set aside.

[2] In an amended memorandum of appeal filed on 25th June 2014, the appellant through his advocates, Muli and Ole Kina Advocates, challenged his conviction and sentence on the grounds that the learned judge erred in law by: failing to re-evaluate and consider the evidence on record; discounting the necessity of a proper identification of the appellant and arriving at an erroneous verdict of guilt; treating the evidence of t…

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