Case Metadata |
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| Case Number: | Criminal Appeal 54 of 1995 |
|---|---|
| Parties: | Joseph Wanje Muchiri v Republic |
| Date Delivered: | 20 Jan 1997 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Mombasa |
| Case Action: | Judgment |
| Judge(s): | Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Gurbachan Singh Pall |
| Citation: | Joseph Wanje Muchiri v Republic [1997] eKLR |
| Case History: | (Appeal from a judgment of the High Court of Kenya at Mombasa (Oguk, J. ) dated 18th October, 1994 IN H. C. CR.A NO. 197 OF 1993) |
| Court Division: | Criminal |
| County: | Mombasa |
| History Docket No: | 197 of 1993 |
| History Judges: | Samwel Odhiambo Oguk |
| History County: | Mombasa |
| Case Outcome: | Appeal dismissed. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL OF KENYA
AT MOMBASA
JOSEPH WANJE MUCHIRI…………………….....APPELLANT
AND
REPUBLIC…………..................………………..RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Mombasa (Oguk, J. ) dated 18th October, 1994
IN
H. C. CR.A NO. 197 OF 1993)
*************************
JUDGMENT OF THE COURT:
In this second appeal to this court the only issue of law raised is that of identification. The offence for which the appellant was convicted was committed at about 5.00p. m. is broad day light. Immediately there after the appellant was arrested after his pursuers overcame him and which pursuers had not lost sight of him after committing the offence of robbery. In the circumstances the question of his having been wrongly identified does not arise. We therefore think that the appellant's appeal on account of his having been mistakenly identified is without merit and the case is dismissed.
Dated and delivered at Mombasa this 20th day of January, 1997.
J. E. GICHERU
……………………...
JUDGE OF APPEAL
R. S. C. OMOLO
…………………......
JUDGE OF APPEAL
G. S. PALL
……………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
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