Daniel Njiru Tiras v Republic [2015] KECA 1003 (KLR)

Facts

The appellant and co-accused were charged with robbery with violence and handling stolen property. The prosecution alleged that the appellant and his co-accused robbed Ann Leah Muthoni and Justus Njagi, and handled stolen property. The appellant denied the charges.

Issues

1. Whether the appellant was involved in the robbery with violence
2. Whether the appellant was in possession of the stolen mobile phone within a reasonable time after the robbery

Reasoning

The prosecution proved that the stolen mobile phone was found in the appellant's possession a few days after the robbery. The appellant did not provide a reasonable explanation for his possession of the phone, leading to the conclusion that he was involved in the robbery.

Outcome

Appeal dismissed

Authorities cited