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Stanley Kiara Kalii v. Republic

(2020) JELR 95154 (CA)

Court of Appeal  •  Criminal Case 71 of 2017  •  9 Oct 2020  •  Kenya

Coram
Martha Karambu Koome, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

JUDGEMENT OF THE COURT

[1] Stanley Kiara Kalii (the appellant) is before this Court challenging his conviction for the offence of robbery with violence mainly on the ground that the evidence with regard to his identification as one of the perpetrators of the offence was not safe to warrant his conviction. This is a second appeal and that being so, we are aware of the remits of this Court’s jurisdiction as provided for under Section 361 of the Criminal Procedure Code is only on points of law.

[2] Equally, we are cognizant that we are required to give deference to the findings of fact by the two courts below. See M’Riungu v. R [1983] KLR 455. Nevertheless, we can interfere with such findings of fact where they are not based on any evidence at all, or on a misapprehension or perverted construction of the evidence or it is apparent that on the evidence, no reasonable trial court could have reached that conclusion, which would be the same as holding that the decision is bad in law. See Karan…

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