[1982] KECA 45 (KLR)
The Court of Appeal found that the evidence against the appellant was overwhelming. The complainant saw the appellant strike him and take his radio before losing consciousness. The appellant was apprehended by police officers while fleeing the scene, and the stolen radio was recovered. The Magistrate was entitled to...
Source-derived case information.
- Citation
- [1982] KECA 45 (KLR)
- Parties
- Appellant: Losta Lotei Ngoroko; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 94 of 1981
- Procedural Posture
- Criminal Appeal / Appeal From Summary Rejection of Appeal by High Court
- Outcome
- appeal dismissed
- Judges
- CB Madan, CHE Miller, KD Potter
- Legal Topics
- Robbery, Criminal Procedure, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Losta Lotei Ngoroko
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Summary Rejection of Appeal by High Court
Legal Issues
- 1 Whether the conviction for robbery under section 296(1) of the Penal Code was supported by the evidence.
- 2 Whether the summary rejection of the appeal by the High Court under section 352(2) of the Criminal Procedure Code was proper.
Ratio Decidendi
The Court of Appeal found that the evidence against the appellant was overwhelming. The complainant saw the appellant strike him and take his radio before losing consciousness. The appellant was apprehended by police officers while fleeing the scene, and the stolen radio was recovered. The Magistrate was entitled to believe the evidence of the complainant and the police officers. Upon reviewing the trial record, the appellate court concluded that the conviction was inevitable and that the High Court was justified in summarily rejecting the appeal. Accordingly, the appeal was dismissed as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Madan, Miller and Potter, JJ.A )
CRIMINAL APPEAL NO.94 OF 1981
BETWEEN
LOSTA LOTEI NGOROKO…………………APPELLANT
AND
REPUBLIC…………………………………RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Nakuru (Mead, J.) dated 31st January, 1981) in Criminal Appeal No. 392 of 1980)
JUDGMENT OF THE COURT
MADAN, J.A.
This appellant was convicted of robbery, contrary to section 296(1) of the Penal Code. His appeal to the High Court was summarily rejected under section 352(2) of the Criminal Procedure Code. He has appealed again, to us.
The appellant was caught red-handed when running away after he struck his victim Mr. Jelli on the head with a rungu, and robbed him of his radio. Before Mr. Jelli became unconscious as a result of the blow on his head, he saw the appellant picking up his radio. Mr. Jelli was also bleeding, and had to be taken to hospital where he remained for several days.
The appellant was chased by two police officers who finally caught him when he fell in a hole. He had dropped the radio in the chase. It was recovered by the police the next day.
The Magistrate was entitled to believe the evidence of the complainant and the two police officers, as he did. We having ourselves perused the record of trial, the Magistrate could not but convict the appellant as charged. The appeal is ordered to be dismissed.
Dated at Nairobi this 26th day of March, 1982.
C.B. MADAN
................................
JUDGE OF APPEAL
C.H.E. MILLER
................................
JUDGE OF APPEAL
K.D. POTTER
................................
JUDGE OF APPEAL