David Wambura Nahashon v Republic [2016] KEHC 2073 (KLR)

Facts

The appellant called the complainant to take him to Kehancha town on March 3, 2014. The complainant, who was working on his farm, agreed to take the appellant. The appellant then asked the complainant to pick Peter Sonko on the way, who was involved in the robbery. The complainant recognized the appellant's brothers and Peter Sonko, and stopped the motor cycle. The appellant and his brothers then attacked the complainant with sticks and knives.

Issues

1. Identification of the appellant
2. Sufficiency of evidence for conviction

Reasoning

The Court held that the complainant's identification of the appellant was based on recognition and was not impeded. The Court also noted that the evidence was sufficient to support the conviction.

Outcome

Affirmed the conviction and sentence of death.

Authorities cited