REPUBLIC OF KENYA
Court of Appeal, at Kisumu
Criminal Appeal No 74 of 1985
Kariuki
versus
Republic
(Appeal from a judgement of the High Court at Kisumu, Schofield, J)
December 6, 1985, Kneller JA, Platt and Gachuhi Ag JJA delivered the following
Judgment.
This Appellant Joseph Kanyua Kariuki was the first accused at his trial. Thee 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 emphasised various aspects of his identification; such as by identification parade, and by recognition in court by such witnesses as Sgt Mwita (PW 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 state…