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EDWIN WAFULA KEYA
V.
REPUBLIC

(2005) JELR 97558 (CA)

Court of Appeal 23 Sep 2005 Kenya
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Case Details

Suit Number:Criminal Appeal 43 of 2004
Judges:Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji
Location:Eldoret
Other Citations:Edwin Wafula Keya v. Republic [2005] eKLR

JUDGMENT OF THE COURT

On the recorded evidence, we have no hesitation in saying that the conviction recorded against Edwin Wafula Keya, the appellant herein, on the charge of robbery with violence contrary to section 296(2) of the Penal Code was unsafe and ought not to be allowed to stand. The robbery in the house of Rosemary Mulanda (PW 2) took place at around 1a.m when Rosemary was in her house with, among others, her daughter Rebecca Mulunda (PW 3) who was in another room. The robbery was during the night of 24th December, 2000. Rosemary and her daughter said the appellant was one of the two people who broke into their house and robbed Rosemary. The appellant was carrying a lantern and Rosemary described him as being “light –skinned and tall’. Neither Rosemary nor Rebecca had seen the appellant before. The description “light-skinned and tall” was given to Police Constable David Mutai (PW 6) who visited Rosemary’s house after he had received a telephone call. According to Constable M…

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