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JAMES NYANAMBA
V.
REPUBLIC

(1983) JELR 97776 (CA)

Court of Appeal 8 Dec 1983 Kenya
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Case Details

Suit Number:Criminal Appeal 121 of 1983
Judges:Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller
Location:Kisumu
Other Citations:James Nyanamba v. Republic [1983] eKLR

JUDGMENT

The appellant, James Nyanamba and another man called Yuvenalis Miruka were jointly charged with two counts of robbery contrary to section 296(1) of the Penal Code and James was charged separately in count three with indecent assault on a female contrary to section 144(1) (ibid) and Yuvenilas was charged alone with a similar offence in count four.

There was a number of defects in the evidence in the trial. There was no evidence, for instance of robbery as defined in section 296(1) of the Penal Code on count two. It was a case at most of theft because no force or threat of force was used. On counts three and four, there was no medical evidence nor any observation of what happened to each complainant by the other to afford corroboration. These latter offences, being sexual offences, require a careful direction by the magistrate that it is unsafe to act on the evidence of a complainant in such a case without corroboration but that if the magistrate is satisfied that the evidence is…

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