[1983] KECA 90 (KLR)
The court found that the appellant's confession statement was properly admitted after a trial within a trial and was corroborated by independent evidence, including the recovery of the stolen silver cup and the identification of the stolen shirt by the complainant. The appellant's explanation regarding the shirt was...
Source-derived case information.
- Citation
- [1983] KECA 90 (KLR)
- Parties
- Appellant: Maina Kamweru; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 67 of 1983
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- CB Madan, AA Kneller
- Legal Topics
- Breaking and Entering, Theft, Evidence Admissibility, Confession Statements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maina Kamweru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction of the appellant for church breaking and shop breaking was supported by sufficient evidence.
- 2 Whether the appellant's confession statement was properly admitted and corroborated.
- 3 Whether the identification of the stolen shirt linked the appellant to the shop breaking.
Ratio Decidendi
The court found that the appellant's confession statement was properly admitted after a trial within a trial and was corroborated by independent evidence, including the recovery of the stolen silver cup and the identification of the stolen shirt by the complainant. The appellant's explanation regarding the shirt was rejected in favour of the complainant's evidence. The cumulative evidence established the appellant's involvement in both the church breaking and shop breaking. The appeal lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COOURT OF APPEAL AT NAKURU
crim app 67 of 83
(Coram: Madan & Kneller, JJ.A & Chesoni, Ag J A) CRIMINAL APPEAL NO 67 OF 1983
BETWEEN
MAINA KAMWERU………………………………………………………APPELLANT
AND
REPUBLIC………………………..…………………………………….RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Nakuru (Mead, J) dated 7th August, 1981 in
Criminal Appeal No 439 of 1980)
JUDGMENT OF THE COURT
This Appellant Maina Kamweru was convicted together with two other accused George Mwaura Kamau and Karuga Kimanjuru Wachira, of church breaking and shop breaking, contrary to section 306(a) of the Penal Code. His appeal to the High Court was dismissed. On the night of 24th and 25th April, 1980 the Roman Catholic Church at Rongai was broken into and a silver cup and safe stolen therefrom. Also on the night of 24th and 25th April, 1980 the shop of Florence Wanjiru at Rongai Trading Centre was broken into and various shop goods stolen therefrom including one shirt which was later found by the police in the Appellant's house. The appellant claimed that he had bought the shirt and it was his property He produced a receipt in respect of it. Wanjiru also claimed the shirt, and although new, she identified it by a tear under an arm which she had repaired herself that it might be sold as she had not been able to sell it in its damaged state.
The Appellant made a voluntary statement to the police on 5th May, 1980 in which he admitted that he and his companions had broken into the church and shop and stolen property therefrom. The Appellant also led constable Kitonyi to where the silver cup was hidden in grass. The trial magistrate accepted Wanjiru's evidence that the shirt was her property. It therefore linked the Appellant with the shop-breaking.
To the extent necessary these factors corroborated the Appellant's statement which he repudiated and which was admitted in evidence after a trial within a trial. We cannot see any merit in this appeal. It is ordered to be dismissed.
Delivered at Nakuru this 7th day of October, 1983.
C.B. MADAN
JUDGE OF APPEAL
A A KNELLER
JUDGE OF APPEAL
Z R CHESONI
AG JUDGE OF APPEAL