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Suleiman Otieno Aziz v. Republic

(2017) JELR 95227 (CA)

Court of Appeal  •  Criminal Appeal 7 of 2014  •  14 Jul 2017  •  Kenya

Coram
Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

In this second appeal, the appellant, Suleiman Otieno Aziz, challenges his conviction and sentence to death by the Chief Magistrate’s Court at Nairobi for the offence of robbery with violence. The High Court confirmed the conviction and sentence in his first appeal, leading to the appeal now before us. In his supplementary memorandum of appeal dated 18th May 2016, the appellant contends that the first appellate court erred in four respects, namely by relying on unsafe identification evidence; by failing to re-evaluate and reappraise the evidence; by failing to draw an adverse inference from the prosecution’s failure to call important witnesses; and by disregarding his defence. The respondent counters that the court never committed any of the alleged errors and prays for dismissal of the appeal for lack of merit.

Before we delve into the four grounds on the basis of which the appellant impugns his conviction and sentence, it is apt to briefly set out the facts in ap…

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