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JOSEPH KARIUKI
V.
REPUBLIC

(1985) JELR 97740 (CA)

Court of Appeal 6 Dec 1985 Kenya
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Case Details

Suit Number:Criminal Appeal 74 of 1985
Judges:John Mwangi Gachuhi, Harold Grant Platt, Alister Arthur Kneller
Location:Kisumu
Other Citations:Joseph Kariuki v. Republic[1985] eKLR

JUDGMENT

This appellant Joseph Kanyua Kariuki was the first accused at his trial. There were three others. He ended up with a conviction on each of four counts of robbery contrary to section 296 (1) of the Penal Code, and in all ten years imprisonment together with twenty strokes of corporal punishment. First appeals on each count against both conviction and sentence were dismissed.

In his appeal to this court, the appellant has emphasized various aspects of his identification; such as by identification parade, and by recognition in court by such witnesses as Sergeant Mwita (P W 6); and the lack of identification by finger print evidence. He complains that he was terribly tortured and in this state shown to the witnesses. His injured state also robbed his statements under caution of any value as evidence. Another link between the caution statements and the identification parades is that the latter were conducted by the same officer or officers and all statements taken by one officer. It…

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