[1998] KECA 85 (KLR)
The Court of Appeal held that the presence of the appellant's fingerprints inside the rear glass door of the complainant's motor vehicle was inconsistent with the appellant's explanation of innocent contact as a newspaper vendor. The court found that the possibility of the fingerprints being placed there by accident...
Source-derived case information.
- Citation
- [1998] KECA 85 (KLR)
- Parties
- Appellant: Abdallah Babu Chibindo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 19 of 1998
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Robbery, Fingerprint Evidence, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdallah Babu Chibindo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the trial magistrate erred in relying on the unchallenged evidence of the fingerprint expert to convict the appellant.
- 2 Whether the presence of the appellant's fingerprints on the complainant's motor vehicle could be explained innocently.
Ratio Decidendi
The Court of Appeal held that the presence of the appellant's fingerprints inside the rear glass door of the complainant's motor vehicle was inconsistent with the appellant's explanation of innocent contact as a newspaper vendor. The court found that the possibility of the fingerprints being placed there by accident or innocently was too remote to warrant serious consideration. As there were concurrent findings of fact by the trial and first appellate courts, and no issues of law were raised, the appeal was dismissed for lack of merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, TUNOI & OWUOR, JJ.A.) CRIMINAL APPEAL NO. 19 OF 1998 BETWEEN
ABDALLAH BABU CHIBINDO ............................ APPELLANT AND REPUBLIC ......................................... RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya at Mombasa (Mr. Justice Oguk) dated 13th October, 1995 in H.C.CR.A. NO. 154 OF 1992) ******************** JUDGMENT OF THE COURT
The appellant, Abdallah Babu Chibindo, was after trial convicted of robbery contrary to section 296 (1) of the Penal Code and sentenced to four (4) years imprisonment and two strokes of the cane. His appeal to the High Court of Kenya at Mombasa (Oguk, J.) was dismissed on 13th October, 1995. He has therefore preferred this second appeal. The only issue in this appeal is whether the trial magistrate erred in relying on the unchallenged evidence of the finger print expert in convicting the appellant. There is ample evidence accepted by the trial magistrate and the first appellate court that the appellant's finger prints were found inside the rear glass door of the complainant's motor vehicle. The appellant's only explanation as to why those finger prints were found there was that he was a newspaper vendor who used to sell newspapers to the complainant amongst others and he might have innocently implanted his prints on the complainant's motor vehicle.
In our view, the presence of the finger prints on the appellant's motor vehicle was inconsistent with an innocent explanation in the light of their situation. The possibility that they had been placed there by accident or by an innocent person was too remote to warrant serious consideration.
As there are concurrent findings by the two courts below; and, as there are no issues of law raised, we think this appeal is devoid of merit and should be dismissed. We so order.
Dated and delivered at Mombasa this 14th day of July, 1998.
R. O. KWACH ...............
JUDGE OF APPEAL
P. K. TUNOI ...............
JUDGE OF APPEAL
E. OWUOR ...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR