Joshua Lesinko Ndeiya & another v Republic [2008] KEHC 3408 (KLR)
- Court
- High Court of Kenya
- Case number
- 3408
- Citation
- [2008] KEHC 3408 (KLR)
- Decided
- 14 May 2008
The Court upheld the conviction of the appellants, finding that the circumstantial evidence pointed irresistibly to their guilt and that the appellants' alibis were not helpful.
Facts
The appellants were charged with robbery with violence at Mawenzi Lodge, Loitokitok, Kajiado District, on the night of 26th July 2002. PW1 testified that she was at the TV hall when the robbery occurred, and was ordered to lie down by two intruders who wielded a firearm. She was later held by the hair and pushed to a room where she found money and a title deed.
Issues
- alibi of the appellants
- conviction based on circumstantial evidence
Reasoning
The Court found that PW1's testimony was corroborated by PW2, and that the appellants had an opportunity to commit the robbery. The Court also rejected the appellants' alibis as not placing them outside the vicinity of the crime.
Outcome
Appeal dismissed
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