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RAJAB IDDI MUBARAK
V.
REPULIC

(2018) JELR 95736 (CA)

Court of Appeal 19 Apr 2018 Kenya
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Case Details

Suit Number:Criminal Appeal 105 of 2015
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Eldoret
Other Citations:Rajab Iddi Mubarak v. Repulic [2018] eKLR

JUDGMENT OF THE COURT

[1] Rajab Iddi Mubarak, who is the appellant before us was tried and convicted by the Principal Magistrate at Kitale for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to death. His appeal against his conviction and sentence was dismissed by the High Court. He is now before us in yet another appeal.

[2] In his memorandum of appeal that was filed in person, the appellant has raised seven (7) grounds faulting the learned judges of the High Court in failing to consider that the circumstances prevailing at the time of the alleged attack were not favourable for positive and reliable recognition of the assailants; relying on evidence of recognition without sufficient evidence; failing to consider that the appellant’s conviction was anchored on uncorroborated evidence, full of contradictions and hearsay; and failing to note that the complainant’s identification of the appellant was only dock identification as the compla…

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