Paul Mwenda v Republic [2021] KEHC 5827 (KLR)

Facts

The appellant was charged with robbery with violence, and it was alleged that he robbed Fatuso Mutuma and Morris Kaburu of various items. The appellant denied the charges and gave a brief sworn statement without calling any other witness.

Issues

1. whether the trial court erred in finding the prosecution to have proved its case
2. whether the trial court erred in finding the appellant in possession of stolen property
3. whether the trial court erred in finding the appellant's alibi defense to be insufficient

Reasoning

The court found the prosecution's evidence to be credible and the appellant's defense to be not satisfactory. The act of robbery was one of both counts committed at the same time, and recovery of a single item connected the appellant with the entire transaction.

Outcome

Appeal dismissed