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Simon Kagwi Ngechu v. Republic

(2019) JELR 94957 (CA)

Court of Appeal  •  Criminal Appeal 54 of 2013  •  6 Dec 2019  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. Simon Kagwi Ngechu, the appellant, was charged and tried before the Senior Principal Magistrate at Naivasha and convicted on 21st June 2011 for the offence of robbery with violence contrary to Section 296(2) of the Penal Code. He was sentenced to death. On appeal, the High Court upheld the conviction but set aside the death sentence and substituted the same with life imprisonment.

2. In this second appeal, which under Section 361 of the Criminal Procedure Code must be confined to matters of law, the appellant has again challenged his conviction on the grounds that he was not positively identified; that the doctrine of recent possession was improperly invoked when the same was not proved; and that crucial witnesses were not called.

3. According to learned counsel for the appellant, Miss. L.N. Cheloti, the appellant was convicted without sufficient evidence; that one of the complainants, Sgt David Kiprono Mosonik, PW1, did not make a report to the police as require…

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