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Stephen Kang'ethe Karanu v. Republic

(2015) JELR 96473 (CA)

Court of Appeal  •  Criminal Appeal 170 of 2014  •  31 Jul 2015  •  Kenya

Coram
Martha Karambu Koome, Philomena Mbete Mwilu, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

[1] This is a second appeal by Stephen Kangethe Karanu, the appellant, against the judgment of the High Court at Nairobi (Mbogholi and Achode JJ.), dated 13th August, 2013 in HC.CR.A No 126 of 2009. The appellant’s appeal was dismissed and being dissatisfied, he filed the present appeal which by dint of the provisions of Section 361 (1) (a) of the Criminal Procedure Code, only matters of law fall for our determination unless it is demonstrated that the two courts below failed to consider matters they should have considered or looking at the entire case, their decisions on such matters of fact were plainly wrong in which case this Court will consider such omission or action as matters of law.

[2] Both courts below fastidiously set out the facts of the matter but in order to put this judgment in perspective we briefly set out the facts that were before the trial court. On 6th April 2007, at about 8.30pm there were several patrons drinking in a local bar called Laini …

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