Cyprian Ingira Ikobwa & another v Republic [2016] KECA 595 (KLR)

Facts

Collins Wanga, Javan Morara Rioba, and Mohammed Salim Ghalib were employed by New Salama Bakery. On February 7, 2005, they were driving from Bungoma to Kapsabet when a man with a handcart appeared on the road. Wanga stopped and reversed the vehicle, and two attackers emerged, one of whom shot at Wanga but missed. The other attacker ordered Wanga to lie down in the vehicle, and the attackers demanded money from Wanga. Wanga's colleagues fled, and a pick-up truck arrived on the scene.

Issues

1. Failure of the High Court to re-evaluate the evidence
2. Weak evidence of identification or identification which was not positive
3. Improper application of the doctrine of recent possession
4. Reliance upon inadmissible evidence
5. Failure to prove the case beyond reasonable doubt
6. Shifting the burden of proof

Reasoning

The Court of Appeal found that the High Court's convictions and sentences were supported by the evidence and that the appellants' challenges were not well-founded.

Outcome

Affirmed

Authorities cited