[1995] KECA 102 (KLR)
The Court of Appeal found that the grounds raised by the appellant, particularly regarding the evidence of PW2, had already been considered and dismissed in a previous appeal involving similar facts and parties. The court held that there was no new point of law or merit in the present appeal. The court affirmed the...
Source-derived case information.
- Citation
- [1995] KECA 102 (KLR)
- Parties
- Appellant: Simon Kamau Kiige; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 80 of 1994
- Procedural Posture
- Criminal Appeal / Judgment of the Court of Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Robbery With Violence, Appeals Process, Evidence Weight, Conviction Upholding
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kamau Kiige
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment of the Court of Appeal
Legal Issues
- 1 Whether the conviction of the appellant for robbery with violence and assault causing actual bodily harm was supported by the evidence.
- 2 Whether the evidence of PW2, alleged to be the appellant's wife, was properly considered and given appropriate weight.
- 3 Whether there was any point of law raised in the appeal warranting consideration by the Court of Appeal.
Ratio Decidendi
The Court of Appeal found that the grounds raised by the appellant, particularly regarding the evidence of PW2, had already been considered and dismissed in a previous appeal involving similar facts and parties. The court held that there was no new point of law or merit in the present appeal. The court affirmed the concurrent findings of the lower courts that the evidence supported the conviction for robbery with violence and assault causing actual bodily harm. Accordingly, the appeal was dismissed for lack of merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
(Coram: Gachuhi, Tunoi & Shah, JJ.A.)
CRIMINAL APPEAL NO. 80 OF 1994
BETWEEN
SIMON KAMAU KIIGE...................................APPELLANT
AND
REPUBLIC........................................RESPONDENT
(Appeal from a judgment of the High Court of Nakuru
(Mr. Justice D.M. Rimita) dated 7th February, 1994
in
H.C.CR.C. NO. 129 OF 1993)
****************************
JUDGMENT OF THE COURT
The appellant was in a group of six persons who were charged before the Resident Magistrate's Court at Kericho on count 1 with the offence of robbery with violence contrary to section 296(1) of the Penal Code and on count 2, with the offence of assault causing actual bodily harm. All the six persons were found guilty on both counts and convicted. Five of them were sentenced to various terms of prison sentences and corporal punishment. The sixth accused was placed on probation for 3 years.The three who had previous convictions, some of which were relevant to the charge in count 1 were sentenced to 8 years imprisonment with corporal punishment of 5 strokes on count 1 and 2 years imprisonment on count 2. The prison sentences to run concurrently. Of the three, we are told, that one died in prison. The other appealed to the High Court in Criminal Appeal No. 253 of 1989 which appeal was dismissed. His appeal to this Court in Criminal Appeal No. 10 of 1992 was dismissed on 28th February, 1992.
The appellant filed his appeal to the High Court as late as 1993 being Criminal Appeal No. 129 of 1993. His appeal on both conviction and sentence was dismissed on 14th January, 1994. He has now appealed to this Court on both conviction and sIenn tehnicse .ground of appeal, he challenged the evidence of PW2 whom he alleges was his wife and that her evidence should not have been given weight. This ground was dealt with extensively by this court in the Criminal Appeal No. 10 of 1992 Peter Ombuko Muchache V R and rejected. The appellant has raised the same ground and other similar grounds which the court rejected and dismissed in that other appeal.
The present appeal has not raised any point of law for consideration by this Court and his appeal must receive the same fate as in Criminal Appeal No. 10 of 1992. We find that there is no merit in this appeal and we dismiss it. We so order.
Dated and delivered at Nakuru this 21st day of February, 1995.
J.M. GACHUHI
.............................
JUDGE OF APPEAL
P.K. TUNOI.
..........................
JUDGE OF APPEAL
A.B. SHAH
.......................
JUDGE OF APPEAL
I certify that this is a true
copy of the original.
DEPUTY REGISTRAR