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JOHN KAMAU WAMATU & ANOTHER
V.
REPUBLIC

(2010) JELR 100919 (CA)

Court of Appeal 25 Jun 2010 Kenya
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Case Details

Suit Number:Criminal Appeal 68 & 98 of 2008
Judges:Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu
Location:Nyeri
Other Citations:John Kamau Wamatu & another v. Republic [2010] eKLR

JUDGMENT OF THE COURT

Following their conviction and sentence on two counts of the offence of robbery with violence contrary to section 296(2) of the Penal Code John Kamau Wamatu and David Muriuki Karobia, the 1st and 2nd appellant respectively, appealed against conviction and sentence to the superior court. That court (Kasango and Makhandia JJ.) dismissed their respective appeals and thus provoked the appeals before us. Three main grounds have been raised as can be discerned from home made memoranda of appeal and supplementary memoranda of appeal. These are: (1) Identification evidence was not sufficient to show the appellants committed the offence. (2) The first appellate court did not analyse and re-evaluate the evidence as required of it. (3) The appellants’ respective alibi defences were not sufficiently considered. The robberies complained of were committed on 12th June 2004, at Nyeri Glass Mart at about 12 noon. Three men armed with, among other weapons, a pistol, walked into th…

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