Fred Machoka & another v Republic [2016] KEHC 1014 (KLR)

Facts

On February 17, 2011, the appellants robbed Gilbert Wamalwa of a handbag containing various items and cash, threatening him with violence.

Issues

1. Conviction based on unreliable evidence of a single witness
2. Irregularity in the subsequent police identification parade
3. Variance between the substituted charge sheet and evidence
4. Failure to explain the substance of the substituted charge to both appellants

Reasoning

The prosecution failed to prove the charge beyond reasonable doubt due to inconsistencies in the evidence and the identification of the appellants. The identification of the 2nd appellant was cast into serious doubt.

Outcome

Appeal allowed

Authorities cited