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LOWAYAKARU EJUROTO ELIMLIM
V.
REPUBLIC

(2008) JELR 104125 (CA)

Court of Appeal 11 Apr 2008 Kenya
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Case Details

Suit Number:Criminal Appeal 219 of 2006
Judges:Samuel Elikana Ondari Bosire JA Daniel Kennedy Sultani Aganyanya JA William Shirley Deverell JA
Location:Eldoret
Other Citations:Lowayakaru Ejuroto Elimlim v. Republic [2008] eKLR

JUDGMENT OF THE COURT

:Lowayakaru Ejuroto Elimlim, the appellant, has come to this Court on second appeal, challenging his conviction and sentence by the Senior Principal Magistrate’s Court, at Kitale, of three counts of robbery with violence contrary to section 296(2) of the Penal Code and one count of being in possession of a firearm without a firearm’s certificate contrary to section 4(2) of the Firearms Act, Cap 114 of the Laws of Kenya. In convicting the appellant, the trial Magistrate, H.I. Ong’udi relied on visual identification evidence, identification parade evidence, and DNA profile evidence.

The appellant’s first appeal to the superior court was dismissed by a bench of two comprising W. Karanja J. and George Dulu J. This being a second appeal, only issues of law can be raised. But the appellant, in his home made memorandum of appeal, which he has titled “GROUNDS OF APPEAL, complains that his conviction was based on insufficient, contradictory and unreliable evidence. He also …

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