[1997] KECA 26 (KLR)
The Court of Appeal held that the appellant was properly identified as the perpetrator of the robbery because the offence occurred in broad daylight at about 5:00 p.m., and the appellant was immediately pursued and apprehended by his pursuers, who did not lose sight of him after the commission of the offence....
Source-derived case information.
- Citation
- [1997] KECA 26 (KLR)
- Parties
- Appellant: Joseph Wanje Muchiri; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 54 of 1995
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Judges
- JE Gicheru, GS Pall
- Legal Topics
- Identification Evidence, Robbery With Violence, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Wanje Muchiri
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant was properly identified as the perpetrator of the robbery.
- 2 Whether the conviction was safe in light of the identification evidence.
Ratio Decidendi
The Court of Appeal held that the appellant was properly identified as the perpetrator of the robbery because the offence occurred in broad daylight at about 5:00 p.m., and the appellant was immediately pursued and apprehended by his pursuers, who did not lose sight of him after the commission of the offence. Therefore, the possibility of mistaken identity did not arise. The court found the ground of appeal based on mistaken identification to be without merit and dismissed the appeal.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE COURT OF APPEAL OF KENYA
AT MOMBASA
CRIMINAL APPEAL 54 OF 1995
JOSEPH WANJE MUCHIRI…………………….....APPELLANT
AND
REPUBLIC…………..................………………..RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Mombasa (Oguk, J. ) dated 18th October, 1994
IN
H. C. CR.A NO. 197 OF 1993)
*************************
JUDGMENT OF THE COURT:
In this second appeal to this court the only issue of law raised is that of identification. The offence for which the appellant was convicted was committed at about 5. 00p. m. is broad day light. Immediately there after the appellant was arrested after his pursuers overcame him and which pursuers had not lost sight of him after committing the offence of robbery. In the circumstances the question of his having been wrongly identified does not arise. We therefore think that the appellant's appeal on account of his having been mistakenly identified is without merit and the case is dismissed.
Dated and delivered at Mombasa this 20th day of January, 1997.
J. E. GICHERU
……………………...
JUDGE OF APPEAL
R. S. C. OMOLO
…………………......
JUDGE OF APPEAL
G. S. PALL
……………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.