[2007] KEHC 1060 (KLR)
The court found that the appellant was positively identified by the complainant, who recognized him as a neighbor and cousin, and that there was torch light at the scene. The appellant was apprehended at the scene by the complainant and members of the public, and immediately taken to the police post. The court held...
Source-derived case information.
- Citation
- [2007] KEHC 1060 (KLR)
- Parties
- Appellant: Peter Muriuki Kithinji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 92 of 2005
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Robbery, Identification Evidence, Burden of Proof, Appeals, Conviction Sufficiency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Muriuki Kithinji
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the evidence on record was sufficient to sustain a conviction for robbery contrary to Section 296(1) of the Penal Code.
- 2 Whether the identification of the appellant was free from error and based on credible evidence.
- 3 Whether the grounds of appeal raised by the appellant had merit.
Ratio Decidendi
The court found that the appellant was positively identified by the complainant, who recognized him as a neighbor and cousin, and that there was torch light at the scene. The appellant was apprehended at the scene by the complainant and members of the public, and immediately taken to the police post. The court held that the grounds of appeal raised by the appellant did not correspond with the evidence on record. The prosecution evidence was found to be sufficient to prove the case beyond reasonable doubt, and there was no possibility of error in identification. Consequently, 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 HIGH COURT OF KENYA
AT EMBU
Criminal Appeal 92 of 2005
PETER MURIUKI KITHINJI…………………………………APPELLANT
VERSUS
REPUBLIC…………………………………..…..…..……..RESPONDENT
JUDGMENT
The appellant was charged with the offence of Robbery contrary to Section 296 (1) of the Penal Code. He was tried and convicted and sentenced to 5 years imprisonment. The appellant complained that the evidence of suspicion cannot sustain a conviction that the appellant was arrested from a large crowd of people and how did they know which one to arrest, did the complainant know who the person he grabbed were in the dark, that the appellant was arrested at the scene but no evidence of resistance of torn clothes, fresh bruises scratches cash robbed there was no evidence of light, how long did the incident took, there was no description of clothes worn. The record shows that PW1, Timothy Muchiri Nthiga on 20/2/2004, left Mumunya Bar at Kiritiri market and started walking home. At the gate of the bar he met people who held him and robbed him. He was able to hold onto one of the robbers. He screamed and people who were in the bar came to his rescue. The accused had dipped his hand into the pocket of his shirt. The complainant recognized the robber as his neighbour at home and a cousin. He was robbed Shs.1,200/-. There was torch light. PW2 officer then attached to Kiritiri Police Post while on patrol heard the noise and went to see what was happening he found complainant and appellant who was complaining that he had been robbed who was arrested by members of public He re -arrested the appellant and he took him to Kiritiri police post and later the appellant was charged with this offence.
On his part the appellant made unsworn statement. He said he was in a hotel and was going home after 9. 00 p.m. He was arrested and led to police post. He denied having committed the offence. Now considering his grounds of appeal there was torch light. He was arrested and taken to police post immediately for scene. There is no possibility of error since he was arrested in the act and taken to police post immediately. This evidence is supported by his own statement. The appellant was not arrested on suspicion. He was among the persons who attacked the complainant. The crowd came after he was held by the complainant and the complainant screamed. The grounds of appeal do not correspond with the evidence on record.
I find the same to be with no merit. I find the prosecution evidence was sufficient to prove the prosecution case beyond reasonable doubt and I see no reason to interfere. The appeal is dismissed.
Dated this 31st July, 2007.
J. N. KHAMINWA
JUDGE
31/7/2007
Before court
Appellant present
Mr. Kimathi for State present
Judgment read in open court.
J. N. KHAMINWA
JUDGE