[1994] KECA 66 (KLR)
The Court of Appeal held that there was no point of law raised by the appellant that could warrant interference with the concurrent findings of fact by the trial and first appellate courts. The evidence, including positive identification by the complainant and other witnesses, and the appellant being found driving...
Source-derived case information.
- Citation
- [1994] KECA 66 (KLR)
- Parties
- Appellant: Joseph Njoroge Njuguna; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 39 of 1992
- Procedural Posture
- Criminal Appeal / Second Appeal; Judgment of the Court of Appeal
- Outcome
- appeal dismissed
- Judges
- AM Cockar
- Legal Topics
- Robbery With Violence, Identification Evidence, Appeals on Points of Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Njoroge Njuguna
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal; Judgment of the Court of Appeal
Legal Issues
- 1 Whether the conviction of the appellant for robbery with violence was supported by sound evidence.
- 2 Whether there was any point of law raised on second appeal that could justify interference with the conviction or sentence.
Ratio Decidendi
The Court of Appeal held that there was no point of law raised by the appellant that could warrant interference with the concurrent findings of fact by the trial and first appellate courts. The evidence, including positive identification by the complainant and other witnesses, and the appellant being found driving the stolen vehicle, fully justified the conviction. The appellant's explanation was found to be false by both lower courts. Although the sentence was severe for a first offender, it was lawful, and the appellate court had no basis to interfere. The appeal was therefore dismissed in its entirety.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
CORAM: COCKAR, OMOLO & TUNOI, JJ.A.
CRIMINAL APPEAL NO. 39 OF 1992
BETWEEN
JOSEPH NJOROGE NJUGUNA ............................. APPELLANT
AND
REPUBLIC ...........................................RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Eldoret (justice Aganyanya) dated 27th August, 1991 in
H.C.CR.A. NO. 133 OF 1989)
****************** JUDGMENT OF THE COURT
This is a second appeal and as such only points of law can be argued before us. As far as we can see, there is really no point of law raised before us by the appellant. Samuel Nyamiwa (PW 1) who said he was robbed of his vehicle swore that this appellant was one of the two people who approached him and pretended to hire PW 1 to take them in his vehicle to some place. PW 1 swore the appellant sat with him in front. When PW 1 summoned help the owner of the vehicle (PW 2) and the police officer (PW 3) joined PW 1 in swearing that they came upon the appellant and his colleagues in the stolen vehicle and that it was the appellant who was driving the vehicle.His colleagues who were not driving escaped from the vehicle and disappeared. The appellant was caught right away. His explanation before the magistrate that he had been arrested at a petrol station was repelled by the magistrate as false and the High Court confirmed that position. There is really nothing on record from which we could think that both courts below came to a wrong conclusion. The evidence fully justified the conviction recorded against the appellant. He was convicted on sound evidence and his appeal against conviction must fail.
The appellant was sentenced to ten years' imprisonment with eight strokes of the cane and the inevitable five years of police reporting order upon release from prison. The prison sentence of ten years on a first offender looks to us to be extremely severe and we are somewhat disturbed that the learned first appeal judge did not find it fit to interfere. However, the sentences were lawful and there is not much this court can do about them. In the event this appeal fails in toto and we order it dismissed.
Dated and delivered at Nakuru this 21st day of February, 1994.
A. M. COCKAR
JUDGE OF APPEAL
R. S. C. OMOLO
JUDGE OF APPEAL
P. K. TUNOI
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR