David Kivande Mwangi v Republic [2017] KECA 373 (KLR)
- Court
- Court of Appeal
- Case number
- 373
- Citation
- [2017] KECA 373 (KLR)
- Decided
- 28 July 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the High Court judgmentCoramP. KIHARA KARIUKI, D. K. MUSINGA, S. GATEMBU
Holding
The appellant was convicted of robbery with violence and the appeal is dismissed.
Facts
On January 22, 2012, the appellant was charged with robbery with violence. The complainant, Japhet Odoyo, was attacked by two men wielding a metal bar and a piece of wood. The appellant was identified by the complainant and his brother.
Issues
- Whether the conviction was based on a single witness identification
- Whether the evidence of the single witness was sufficient to convict
Reasoning
The court upheld the conviction based on the identification of the appellant by the complainant, despite the fact that the attack occurred at night, and the evidence was considered sufficient.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Section 296 of the Penal Code
- Section 143 of the Evidence Act
Cases cited (3)
- M'Riungu v. Republic
- Martin v. Glyneed Distributors Ltd. t/a MBS Fastenings
- Abdullah Bin Wendo v. Rex
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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