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John alias Hussein Ali v Republic (Criminal Appeal 37 of 2014) [2019] KECA 1050 (KLR) (28 January 2019) (Judgment) Peter…

…In Saidi v Republic [1963] EA 6, it was held inter alia that: “ An alibi raises a specic defence and…

…This principle was stated in Republic vs Aduol alias Bonny & 4 Others [2026] KECA 155 (KLR), which referred to the…

…Indeed in GANZI & 2 OTHERS V. REPUBLIC [2005] 1 KLR 52, this Court stated that where the defence of alibi…

…969 applied; Leonard Aniseth v. Republic [1963] E. A. 206 followed); (ii) the burden of proving an alibi does not…

…and Andrea Nahashon Mwarisha v Republic [2018] eKLR. 18. An alibi defence as that claimed by the appellants, on the…

…In Yongo vs. Republic [1983] KLR 319, the Court held, inter alia, that a charge is defective where it, inter…

…of KIARIE –VS- REPUBLIC [1984] KLR 739 where this Court held, at p.740, that; “An alibi raises a specific…

…In Kimeu versus Republic [2002] 1KLR 756 the Court held inter alia that: “The position in law is that it…

…In this respect I am guided by the Court of Appeal decision in Thomas Kitsoo alias Katiba v Republic MLD…

…This Court referred to the case of Karanja v Republic (supra), in its decision of Victor Mwenda Mulinge v Republic…

…This caution, is repeated in Tipapek Kimiti alias Ole Lemurinka v Republic [2006] eKLR (Criminal Appeal 2 of 2006) in…

…The appellants only raised the alibi defences during defence hearing. In Victor Mwendwa Mulinge v Republic (supra), this Court stated…

…In Dzombo vs. Republic [2014] eKLR, the Court stated inter alia as follows:“ As already stated, this is but a…

…Republic mildly terms “an oversight” and “a failure,” did not investigate the appellant’s alibi and did not visit the…

…As for alleged erroneous rejection of the appellants alibi defences, in Saidi versus Republic [1963] EA 6 page 8, it…

…See the case of Kariuki Karanja versus Republic [1986] KLR190 wherein it was held inter alia that: “ On a first…

…In Saidi versus Republic [1963] EA.6, the predecessor of the court had this to say:“An alibi raises a…

…969 applied; Leonard Aniseth v. Republic [1963] E.A 206 followed); (ii) the burden of proving an alibi does not…

…In Kaingu Elias Kasomo versus Republic Criminal Appeal No. 504 of 2010 the court stated inter alia that:“Age of…