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Solomon Mwangi Kinyua v. Republic

(2006) JELR 95055 (CA)

Court of Appeal  •  Criminal Appeal 63 of 2004  •  3 Nov 2006  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji



SOLOMON MWANGI KINYUA, the appellant, was tried and convicted by the Principal Magistrate at Kerugoya on four counts of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death.

The appellant lodged an appeal to the High Court of Kenya at Nyeri (Juma and Ombija, JJ) but by its judgment delivered on 15th April, 2003, the appeal was dismissed. This is the appellant’s second and final appeal.

This, therefore, being a second appeal only matters of law fall for consideration pursuant to Section 361 of the Criminal Procedure Code. The first issue raised by the appellant in his home-made grounds of appeal and argued on his behalf by his counsel Mr. Kingóri is that the first appellate court did not subject the evidence relating to identification to exhaustive examination and that had it done so, it would have found that it was dock identification, unreliable, not positive and incapable of sustaining a conviction. The second issue is that the…

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