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SOLOMON MURIITHI KANUNYA & 3 ORS.
V.
REPUBLIC

(1994) JELR 94474 (CA)

Court of Appeal 30 Sep 1994 Kenya
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Case Details

Suit Number:Criminal Appeal 5 of 1994
Judges:Johnson Evan Gicheru, Philip Kiptoo Tunoi, Mathew Guy Muli
Location:Nakuru
Other Citations:Solomon Muriithi Kanunya & 3 others v. Republic [1994] eKLR

JUDGMENT OF THE COURT

The issue of law raised in this second appeal is that of identification.

It is not in dispute that on the evening of 18th April, 1991 between 8.00 p.m. and 10.00 p.m. at Sakaitim and Mokorombosi farms in Molo Division of the Nakuru District three persons at various stages during that evening presented themselves to Daniel Momanyi Gesura (P.W.2), Evans Mutua Joel (P.W.1), Peter Githua Macharia (P.W.6) and Njoroge Kamau (P.W.7) to be persons employed in the Public Service, to wit police officers, and purported to arrest them. It is also not in dispute that these three persons together with another during the same time and at the same stages demanded with menaces KShs.1,000/- from P.W.2, KShs.1,400/- from P.W.1 and KShs.100/- from P.W.7. What is in dispute, however, is who these persons were. According to P.W.1 these people were the 1st, 3rd and 4th appellants whom he was able to identify in the light of his pressure lamp which was on in his food kiosk. P.W.2 was able…

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