Julius Kalewa Mutunga v Republic (Criminal Appeal 31 of 2005) [2006] KECA 79 (KLR) (27 October 2006) (Judgment)

Facts

On July 24, 1997, Francis Kirimi M'turuchiu and his wife Margaret Kinangaru were robbed of KShs. 20,000 and other items by Julius Kalewa Mutunga, who was armed with dangerous weapons.

Issues

1. There was no positive identification of the appellant.
2. The failure to call the arresting officer to testify in the trial was fatal.
3. The appellant was denied his constitutional right to call a witness in his defense.
4. The appellants alibi defense was not properly considered.

Reasoning

The concurrent findings of fact by the lower courts were upheld. The appellant's alibi defense was rejected as the prosecution's evidence was accepted as truthful.

Outcome

Appeal dismissed