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BERNARD KARIUKI MBURU & ANOR
V.
REPUBLIC

(2015) JELR 105559 (CA)

Court of Appeal 10 Dec 2015 Kenya
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Case Details

Suit Number:Criminal Appeal 170 & 171 of 2011
Judges:David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor
Location:Eldoret
Other Citations:Bernard Kariuki Mburu & another v. Republic [2015] eKLR

JUDGMENT OF THE COURT

The appellants were upon trial before the Chief Magistrate at Kitale for the offence of robbery with violence, convicted and sentenced to death. Their appeals to the High Court having been dismissed, they have come to this Court on a second appeal.

The main complaints raised in the 8 grounds of the appellants’ supplementary memorandum of appeal is that the learned Judges of the High Court erred in sustaining their conviction based on their purported identification and recognition by a single witness and that their alibi defences were ignored.

Presenting the appeal before us, Mr. Akelo, learned counsel for the appellants, argued that had the High Court properly re-evaluated the evidence on record as it was obliged to do, it would have found that the evidence of the appellants’ identification and recognition by PW1 was flawed and totally unreliable. He said this was because the conditions at the scene of crime at the material time were not favourable for a positive id…

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