- Case summary
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The case deals with armed robbery, as per section 287A of the Penal Code. The appellant, Lukuman Said Lai La, was accused of stealing a motorcycle under threat of violence. The incident occurred in broad daylight, and the victim, Haji Mbaraka (PW1), was allegedly able to identify the appellant as one of the assailants. The appellant was convicted and sentenced to 30 years imprisonment based on the evidence of visual identification and the doctrine of recent possession.
The main issue in the appeal was whether the evidence of visual identification and the doctrine of recent possession were sufficient to uphold the conviction. The Court of Appeal found that the evidence of visual identification was weak, as PW1 did not provide a detailed description of the appellant and only identified him during cross-examination. The court also found that the doctrine of recent possession was wrongly invoked, as the search and seizure of the motorcycle's number plate from the appellant's room was conducted without a warrant, in contravention of section 38 (1) and (3) of the Criminal Procedure Act (CPA).
The Court of Appeal quashed the appellant's conviction and set aside the sentence, ordering his release from custody.
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