Hamisi Mungale Burehe v Republic [2015] KECA 418 (KLR)
- Court
- Court of Appeal
- Case number
- 418
- Citation
- [2015] KECA 418 (KLR)
The appeal is dismissed in its entirety.
Facts
The appellant, Hamisi Mungale Burehe, was accused of various crimes including robbery with violence, attempted murder, grievous harm, and assault causing actual bodily harm. The crimes were alleged to have occurred in the Nzombo and Lunga Lunga areas of Kwale County, Kenya.
Issues
- Whether the appellant was correctly identified in the attempted murder case.
- Whether the appellant was correctly identified in the assault causing actual bodily harm case.
Reasoning
The High Court found the appellant guilty on six counts and sentenced him to death for robbery with violence and attempted robbery with violence. The High Court also sentenced him to 15 years for attempted murder and causing grievous harm, and to 15 years for breaking into a building and committing a felony, and to 15 years for assault causing actual bodily harm. The Court of Appeal found that the evidence supported the identification of the appellant in both cases and that the possibility of the appellant being mistaken for someone else was remote.
Outcome
Appeal dismissed
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