Benson Masakhwe v Republic [2014] KEHC 2258 (KLR)

Facts

The appellant was charged with robbery with violence, and the prosecution alleged that he robbed a motorcycle operator named James Okaliyo Shisamba on February 22, 2012. The appellant was identified at an identification parade by witnesses who had seen him earlier that day.

Issues

1. the evidence was full of contradictions and was not fully analyzed by the trial court
2. the trial court rejected the identification parade but still convicted the appellant
3. the sentence is harsh
4. the parade was done after the witnesses had seen him at Bungoma prison
5. the appellant was in custody in Bungoma before being charged with the current offence
6. the appellant informed the court that the one who was found with the stolen items was not arrested and charged
7. the parade was done after the witnesses had seen him at Bungoma prison

Reasoning

The court found that the appellant was properly identified by PW2 at an identification parade. The evidence showed that PW1 and PW2 had seen the appellant earlier that day and could identify him based on his features. The court also found that the appellant was not arrested in connection with the motorcycle that had been robbed from PW1.

Outcome

Appeal Dismissed