Njeri v Republic [1979] KECA 23 (KLR)
- Court
- Court of Appeal
- Case number
- 23
- Citation
- [1979] KECA 23 (KLR)
- Decided
- 15 May 1979
The appeal is dismissed. The possibility of error in the identification was excluded due to the familiarity between the appellant and the complainant.
Facts
The appellant was convicted of grievous harm to the complainant Teresiah, contrary to Section 234 of the Penal Code, by the Resident magistrate at Kiambu. The complainant heard the appellant say 'there she is passing, break her legs' and was then violently assaulted.
Issues
- Whether the evidence implicating the appellant was sufficient to support a conviction.
- Whether the identification of the appellant by the complainant was reliable and free from error.
Reasoning
The court held that a conviction can be based on the evidence of a single identifying witness, and in this case, the evidence implicating the appellant was sufficient. The possibility of error in the identification was excluded due to the complainant and appellant being familiar with each other for many years.
Outcome
Appeal dismissed
Loading judgment…