David Eregai Kerio v Republic [2007] KEHC 2576 (KLR)
- Court
- High Court of Kenya
- Case number
- 2576
- Citation
- [2007] KEHC 2576 (KLR)
- Decided
- 10 May 2007
The appeal is allowed in respect of the 1st count, and the conviction and sentence for the 2nd and 3rd counts are confirmed. The appellant may be released unless otherwise lawfully held.
Facts
The appellant was charged with robbery with violence and unlawful possession of firearms and ammunition. He was convicted of simple robbery and sentenced to 7 years, and convicted of the 2nd and 3rd counts and sentenced to 2 years each, to run concurrently.
Issues
- Evidence of identification of the appellant by the complainant
- Credibility of prosecution witnesses regarding the 2nd and 3rd counts
Reasoning
The evidence of identification is contradictory, and the trial court's finding on the 2nd and 3rd counts is upheld. The 1st count conviction is allowed due to the discrepancies in the identification evidence.
Outcome
Appeal allowed in respect of the 1st count, conviction and sentence for the 2nd and 3rd counts confirmed.
Loading judgment…