[2001] KEHC 240 (KLR)
The court found that the robbery was of a simple nature and the injuries inflicted were minor, classified as harm. The first appellant had only one old conviction, while the second appellant had several recent convictions. Both had spent about ten months in remand. The court determined that these factors justified...
Source-derived case information.
- Citation
- [2001] KEHC 240 (KLR)
- Parties
- Appellant: Boniface Mutuku Makanda; Appellant: Zakayo Kasyoki Kasili; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 683 of 1999
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction substituted; sentences varied
- Judges
- GP Mbito, VV Patel
- Legal Topics
- Robbery, Sentencing, Conviction Substitution, Previous Convictions, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Mutuku Makanda
Appellant
Zakayo Kasyoki Kasili
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for robbery under section 296(1) of the Penal Code was proper in light of the evidence and circumstances.
- 2 Whether the sentences imposed on the appellants were appropriate given their personal circumstances and previous convictions.
Ratio Decidendi
The court found that the robbery was of a simple nature and the injuries inflicted were minor, classified as harm. The first appellant had only one old conviction, while the second appellant had several recent convictions. Both had spent about ten months in remand. The court determined that these factors justified substituting the convictions for robbery under section 296(1) of the Penal Code and setting aside the death sentences. The first appellant, being a cripple and unable to walk, was entitled to immediate release, while the second appellant was sentenced to four years imprisonment plus two strokes, both sentences effective from 30/6/99.
Court Disposition
conviction substituted; sentences varied
Orders
- Conviction against both appellants substituted for robbery contrary to section 296(1) of the Penal Code.
- Death sentences set aside.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL APPEAL NO.683 OF 1999
(From Original Conviction and Sentence in Criminal Case No.2284 of 1998
of the Principal Magistrate’s Court at Machakos).
BONIFACE MUTUKU MAKANDA………………………..APPELLANT
VERSUS
REPUBLIC…………………………………………………..RESPONDENT
ZAKAYO KASYOKI KASILI………………………………..APPELLANT
VERSUS
REPUBLIC…..………………………………………………RESPONDENT
J U D G M E N T
We note that the appellant was injured on his head, nose and mouth. The injuries were minor and classified as harm.
We consider, bearing in mind the simple nature of this robbery, that this is a fit case for the substitution. The State counsel M/S Ambasi has no objection to it.
Both appellants had relevant P.C. Infact the 1st appellant Boniface had only one conviction and it was very old, being in March, 1995 for theft. We ignore it.
The 2nd appellant, Zakayo had 4 relevant previous convictions – three in 1996 and one in June, 1997. Both appellants were in remand for about ten months. There is no remission for robbery sentence. The 1st appellant Boniface is a cripple and unable to walk.
ORDER:
We substitute the conviction against each of the two appellants for Robbery, contrary to section 296(1), P.C. and set aside the death sentences. We sentence the 1st appellant, Boniface Mutuku to such period with effect from 30/6/99, which we entitle him to his release forthwith. We sentence the 2nd appellant, Zakayo Kasyoki to 4 years imprisonment with effect from 30/6/99 plus two strokes. Dated and delivered at Nairobi this 1st November, 2001.
G.P. MBITO
JUDGE
V.V. PATEL
JUDGE