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Richard Mokora Moniko v. Republic

(2006) JELR 93926 (CA)

Court of Appeal  •  Criminal Appeal No. 86 of 2005  •  31 Mar 2006  •  Kenya

Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Philip Nyamu Waki



This is a second appeal by Richard Mokora Moniko, (the appellant) against his conviction and sentence by the Chief Magistrate at Kisii, for the offence of robbery with violence contrary to section 296(2) of the Penal Code. His first appeal to the superior court was dismissed on 23rd February, 2005 by a bench comprising of Tanui and Bauni, JJ.

Seven grounds of appeal have been proffered, but in actual fact they may be compressed into:-

(1) Several essential witnesses were not called, and both the trial and first appellate courts should have but did not raise an adverse inference that had they been called they would have testified adversely against the prosecution case.

(2) Both the trial and first appellate courts accepted and relied upon inadmissible confession evidence to support the appellant’s conviction.

(3) Evidence of identification against the appellant was unreliable.

(4) Neither the trial court nor the first appellate court considered the appellant’s defence a…

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