MOSES WAGURA KAGUNYA v REPUBLIC [2008] KEHC 2106 (KLR)

Facts

A robbery took place on 9th July 2005 at 1a.m. at Timber Yard. The watchman PW1 was held by three men bound with rope and had his mouth covered. He did not identify any of the robbers. Later, he discovered various items had been stolen from the workshop. The owner PW2 confirmed the theft and identified the stolen items. PW3, a charcoal dealer, reported seeing the Appellant with other men on the night of the robbery.

Issues

1. Whether the charge was fatal for not reflecting the name of the owner of the items
2. Whether the lower court failed to consider the Appellant's defence

Reasoning

The prosecution proved the case against the Appellant. The Appellant was found in possession of items identified by PW2 as his properties that were the subject of a robbery. The items were recovered from him just a day after the robbery.

Outcome

Appeal dismissed

Authorities cited