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(2008) JELR 95175 (CA)

Court of Appeal  •  Criminal Appeal 60 of 2005  •  22 Feb 2008  •  Kenya

Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire



The appellant herein ROBERT SIMIYU KHAEMBA was charged jointly with ROBERT SALLY KISACHI with Robbery with Violence, contrary to Section 296(2) of the Penal Code and each sentenced to death. The appellant’s first appeal to the High Court was dismissed on 3rd December, 2004, and hence this appeal. The appeal of Kisachi was allowed and he was set free.

This being a second appeal, only matters of law call for consideration.

The main issues in this appeal are identification and the doctrine of recent possession of stolen goods, as well as the complaint about language of the proceedings at the trial.

The facts on which the appellant was convicted by the trial magistrate were that the complainant, Arthur Ng’ang’a Peterson, (PW1), a taxi operator in Nakuru went to work at Millennium Hotel at 11 p.m. on the night of 30th July, 1998. Two people hired his taxi at midnight, and asked to be driven to Agip. The hiring charges were agreed upon and the two boarded the taxi, a Toyot…

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