[1994] KECA 69 (KLR)
The Court of Appeal found that the evidence of identification against the appellant was ample and credible, as the appellant and his accomplice were traced through their foot marks to the house where they were apprehended. The radio, though not recovered, was not essential to the conviction given the strength of the...
Source-derived case information.
- Citation
- [1994] KECA 69 (KLR)
- Parties
- Appellant: Herman Ambonya Odongo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- ? 108 of 1992
- Procedural Posture
- Criminal Appeal / Appeal From Summary Rejection of Appeal by High Court
- Outcome
- appeal dismissed
- Legal Topics
- Robbery, Identification Evidence, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Herman Ambonya Odongo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Summary Rejection of Appeal by High Court
Legal Issues
- 1 Whether the appellant was properly identified as one of the assailants in the robbery.
- 2 Whether the summary rejection of the appeal by the High Court was justified.
Ratio Decidendi
The Court of Appeal found that the evidence of identification against the appellant was ample and credible, as the appellant and his accomplice were traced through their foot marks to the house where they were apprehended. The radio, though not recovered, was not essential to the conviction given the strength of the identification evidence. The court held that there was no material to raise a reasonable doubt as to the correctness of the conviction or to warrant interference with the sentence. The summary rejection of the appeal by the High Court was therefore proper and justified under section 352(2) of the Criminal Procedure Code.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU (CORAM: GICHERU, KWACH & TUNOI) CRIMINAL APPEAL NO. 108 OF 1992
BETWEEN
HERMAN AMBONYA ODONGO......................................APPELLANT AND REPUBLIC...................................................................RESPONDENT
(Appeal from an order of the High Court of Kenya at Kakamega (Justice Osiemo) dated 14th October, 1992
in CRIMINAL APPEAL NO. 359 OF 1991) **********
JUDGMENT OF THE COURT
The appellant was convicted of robbery contrary to section 296(1) of the Penal Code and sentenced to 6 years imprisonment and 5 strokes of the cane, followed by police supervision for 5 years. His appeal to the superior court against both conviction and sentence was summarily rejected under section 352(2) of the Criminal Procedure Code. He has now appealed to this court against this rejection.
The only issue of law which could have arisen in any appeal would have been the issue of identification on which there is more than ample evidence to prove that the appellant was one of the assailants who attacked the complainant's wife and stole his radio. Although the radio was never recovered, the appellant and the second robber were traced through their foot marks to the house where they were apprehended.
In the end we are satisfied that the evidence in this case is sufficient to support the conviction and there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead this court to the opinion that the sentence ought to be reduced. The summary rejection was in the ultimate analysis correct and we accordingly dismiss this appeal.
Dated and delivered at Kisumu this 13th day of June, 1994.
J. E. GICHERU
.........................
JUDGE OF APPEAL
R. O. KWACH
........................
JUDGE OF APPEAL
P. K. TUNOI
.............................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.