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LOYALE LEMPINKANI
V.
REPUBLIC

(1996) JELR 104612 (CA)

Court of Appeal 27 Sep 1996 Kenya
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Case Details

Suit Number:Criminal Appeal 111 of 1995
Judges:Johnson Evan Gicheru JA Philip Kiptoo Tunoi JA Abdulrasul Ahmed Lakha JA
Location:Nakuru
Other Citations:Loyale Lempinkani v. Republic [1996] eKLR

JUDGMENT OF THE COURT

The appellant, Loyale Lempinkani, was after trial jointly convicted with one Ltaraon Lemurtunya, on two counts of robbery contrary to section 296(1) of the Penal Code and sentenced to 7 years’ imprisonment and ten strokes of the cane on each count. The sentences of imprisonment were ordered served concurrently but the strokes were ordered to be administered consecutively. The trial court also imposed the mandatory police supervisory period of 5 years. His appeal to the High Court against conviction and sentence was dismissed save that the number of strokes was reduced to 3 on each count.

The appellant now appeals to this court and has urged a number of grounds, the main one being that he was not properly identified as the person who committed the offences preferred against him and subsequently convicted.

The facts in so far as they relate to the counts which have given rise to this appeal are that on the night of 15th January, 1991, a gang of robbers broke into the …

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