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Robert Wafula v. Republic

(2019) JELR 93879 (CA)

Court of Appeal  •  Criminal Appeal 71 of 2016  •  21 Nov 2019  •  Kenya

Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, Sankale ole Kantai



This is a second appeal and by dint of section 361(1) (a) of the Criminal Procedure Code we are mandated to deal only with issues of law but not matters of fact that the two courts below have made findings upon unless it is shown that there has been a misdirection in the treatment of facts or findings of facts are not based on evidence. This statement of the law has been stated and re-stated in many decisions that have come forth from this Court such as Thiongo v. Republic [2004] 1 EA 333.

We bear that mandate in mind as we consider what is raised in this appeal.

At about 6 p.m. on 5th November, 2012 JN (PW1), a pupil at a local school was sent by her mother SNS (PW2) to go and buy paraffin at a local shop near Malava town. She was dressed in her school uniform. It was a rainy evening and this made PW1 to shelter at the shop where she had bought paraffin. According to her as she sheltered, the appellant came to her, picked her up and carried her to a house nearby. H…

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