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ROBERT SIMIYU KHAEMBA
V.
REPUBLIC

(2008) JELR 95175 (CA)

Court of Appeal 22 Feb 2008 Kenya
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- The appellant, Robert Simiyu Khaemba, was convicted of robbery with violence under Section 296(2) of the Penal Code and sentenced to death; conviction was confirmed on first appeal and is now before the Court on a second appeal, limited t

Case Details

Suit Number:Criminal Appeal 60 of 2005
Judges:Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire
Location:Nakuru
Other Citations:Robert Simiyu Khaemba v. Republic [2008] eKLR

JUDGMENT OF THE COURT

The appellant herein ROBERT SIMIYU KHAEMBA was charged jointly with ROBERT SALLY KISACHI with Robbery with Violence, contrary to Section 296(2) of the Penal Code and each sentenced to death. The appellant’s first appeal to the High Court was dismissed on 3rd December, 2004, and hence this appeal. The appeal of Kisachi was allowed and he was set free.

This being a second appeal, only matters of law call for consideration.

The main issues in this appeal are identification and the doctrine of recent possession of stolen goods, as well as the complaint about language of the proceedings at the trial.

The facts on which the appellant was convicted by the trial magistrate were that the complainant, Arthur Ng’ang’a Peterson, (PW1), a taxi operator in Nakuru went to work at Millennium Hotel at 11 p.m. on the night of 30th July, 1998. Two people hired his taxi at midnight, and asked to be driven to Agip. The hiring charges were agreed upon and the two boarded the taxi, a Toyot…

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