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Stephen Mugambi Zakayo & another v. Republic

(2015) JELR 95090 (CA)

Court of Appeal  •  Criminal Appeal 49 of 2013  •  9 Jul 2015  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



The sole issue for determination in this second and final appeal by Stephen Mugambi Zakayo (Mugambi) and Maurice Kariithi Muturia (Maurice) is whether the Judges of the High Court (Emukule and Kasango, JJ) erred by failing to test the evidence of the appellants’ identification to the requisite standard in dismissing their first appeal to them.

The appellants had been charged, tried and convicted on two counts of robbery with violence. They were sentenced to death on the first count while the sentence for the second count was held in abeyance. The particulars of that first count were that on the 18th day of January 2005 at Kaiboo village, Meru North District of the Eastern Province, jointly with others not before court and while armed with dangerous weapons namely firearms, they robbed Henry Mbaabu of Ksh.15,000, a jacket , a torch and a slasher all valued at Ksh.17,750 and at or immediately before or immediately after the time of the robbery threatened to use actua…

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