Simon v Republic (Criminal Appeal 9 of 2021) [2023] KECA 265 (KLR) (17 March 2023) (Judgment)

Facts

The appellant and another were charged with robbery with violence. The prosecution witnesses testified that the appellant was recognized through torchlight and was armed with offensive weapons. The appellant denied the charges and claimed an alibi.

Issues

1. Whether the concurrent findings of fact by the trial court and the first appellate court are correct.
2. Whether the first appellate court properly evaluated the evidence and arrived at its own independent conclusions.

Reasoning

The concurrent findings of fact by the trial court and the first appellate court are upheld. The first appellate court properly evaluated the evidence and arrived at its own independent conclusions.

Outcome

Appeal dismissed

Authorities cited