Customer Support

JOSPHAT MULI MUSYIMI
V.
REPUBLIC

(2023) JELR 111624 (CA)

Court of Appeal 6 Oct 2023 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CRIMINAL APPEAL NO. 48 OF 2021
Judges:ASIKE-MAKHANDIA, J.A S. ole KANTAI, J.A M. GACHOKA, J.A
Location:Nairobi

JUDGMENT OF THE COURT

1. This is a second appeal against the appellant’s conviction and sentence  for the offence of robbery with violence contrary to section 296(2) of the  Penal Code. As such, we are alive to the fact that by dint of section 361  (1) (a) of the Criminal Procedure Code, our jurisdiction is confined to  consideration of matters of law only. Furthermore, we remind ourselves  that we need not interfere with concurrent findings of fact by the two  courts below unless such findings are based on no evidence, or are based  on a misapprehension of the evidence, or the two courts below are shown  demonstrably, to have acted on wrong principles in reaching their  findings. This much was restated by this Court in the case  of Alvan Gitonga Mwosa v. Republic [2015] eKLR.

2. With the above in mind, a brief background of the case as presented  before the trial and first appellate courts will suffice. As already stated, the appellant was charged with one count of robbery with violenc…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.