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(2007) JELR 94129 (CA)

Court of Appeal  •  Criminal Appeal 102 of 2004  •  2 Feb 2007  •  Kenya

Emmanuel Okello O'Kubasu, John walter Onyango Otieno, William Shirley Deverell



SALIM ISSAH, the appellant herein, was arraigned before the Senior Principal Magistrate’s court at Kibera in Criminal case No. 6986 of 2000 on a charge of robbery with violence contrary to section 296(2) of the Penal Code on 22nd August, 2000, when the appellant pleaded “Not guilty” to the charge. His trial commenced on 27th October, 2000 before Miss Siganga (a Senior Resident Magistrate) and the prosecutor was Inspector of Police Kyaa. The trial magistrate’s record shows that after the first two prosecution witnesses (Benjamin Kaloki (PW1) and John Muindi Anzere (PW2) had testified the trial of the appellant was on several occasions adjourned until 17th January, 2001 when it resumed before the same trial magistrate. The prosecutor was the same Inspector Kyaa. The third prosecution witness APC Benard Masinde (PW3) testified and the prosecution closed its case. The trial magistrate then ruled that as the prosecution had established a prima facie case the appellant …

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