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WALTER MAGANA OKORE V. REPUBLIC

(1996) JELR 93774 (CA)

Court of Appeal  •  crim app 45 of 96  •  18 Nov 1996  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Gurbachan Singh Pall, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

We think no matter of law is raised before us in this appeal. The trial magistrate found as a fact that the appellant and the respondent knew each other. The learned judge confirmed that finding. No point of law arises from that finding. The magistrate considered fully the circumstances under which the complainant said he saw and recognised the appellant. He found as a fact that at 8.00 p.m. the complainant who knew the appellant and who walked with him for some distance before the attack was able to recognise the appellant and the Judge confirmed that finding.

Mr. Aroka for the appellant appears to want us to revisit the findings of fact made by the magistrate and confirmed by the first appellate court. There is no basis upon which we can do that. The findings of fact appear to be fully supportable on the evidence adduced in the trial court. This court can only interfere with findings of fact if such findings are supported by no evidence at all or if on the eviden…

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