Lemba v Republic [1985] KEHC 70 (KLR)

REPUBLIC OF KENYA

Lemba v Republic

High Court, at Nairobi September 30, 1985Mbaya JCriminal Appeal No 267 of 1985(Appeal frrm the Resident Magistrate’s Court at Thika)

Advocates Appellant absent, unrepresented and not wishing to be present Miss W Ngugi for Respondent

September 30, 1985, Mbaya J delivered the following Judgment.

The appellant was charged with robbery with violence contrary to section 296(1) of the Penal Code, and on conviction he was sentenced to 4 year’s imprisonment. He appeals against conviction and the sentence.

The prosecution case was that PW 1, the complainant was robbed of his bicycle by two attackers at a place near the Fourteen Falls at Thika. PW 1 testified that the was robbed of his bicycle at about 3 pm on the material day. It was day-time and the appellant had ample opportunity to identify the accused as being one of the two attackers. In the circumstances I am satisfied that the appellant was properly identified, and I hold therefore that he was properly convicted. As the sentence is lawful and is neither harsh nor excessive, the whole appeal against the conviction and sentence is hereby dismissed.