Lekisima v Republic (Criminal Appeal 47 of 2017) [2024] KECA 604 (KLR) (24 May 2024) (Judgment)

Facts

The appellant, Yosuf Hamisi Lekisima, was charged with robbery with violence. The prosecution alleged that on December 25, 2014, at 8:00 am, the appellant robbed Lizz Narumo of a Nokia 107 mobile phone valued at Kshs 2,500 and threatened her with personal violence.

Issues

1. Whether the trial court and the first appellate court failed to note the evidence of a single identifying witness was not free from error.
2. Whether the trial court failed to caution itself that the evidence of a single-identifying witness must be accorded careful consideration.
3. Whether the death sentence was unduly harsh and excessive.

Reasoning

The court held that the evidence of the single identifying witness was not free from error, but the trial court properly considered the evidence and made a finding of no possibility of mistaken identity. The court also found that the appellant was found in possession of recently stolen property under unexplained circumstances.

Outcome

Affirmed

Authorities cited