[2002] KEHC 439 (KLR)
The court found that the evidence did not support a conviction for robbery with violence because the complainant did not identify any of the robbers. However, since the appellant was found in possession of property stolen during the robbery and failed to provide any explanation for such possession, the court held...
Source-derived case information.
- Citation
- [2002] KEHC 439 (KLR)
- Parties
- Appellant: Dani Githinji Njogu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 281 of 1999
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part; conviction for robbery with violence quashed; conviction for handling stolen property substituted; sentence imposed
- Legal Topics
- Handling Stolen Property, Robbery With Violence, Conviction Substitution, Sentencing, Identification Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dani Githinji Njogu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the evidence supported a conviction for robbery with violence.
- 2 Whether the appellant could properly be convicted for handling stolen property under section 322(2) of the Penal Code.
- 3 Whether the sentence imposed was appropriate in the circumstances.
Ratio Decidendi
The court found that the evidence did not support a conviction for robbery with violence because the complainant did not identify any of the robbers. However, since the appellant was found in possession of property stolen during the robbery and failed to provide any explanation for such possession, the court held that the proper conviction should be for handling stolen property under section 322(2) of the Penal Code. The court therefore quashed the conviction for robbery with violence, substituted it with a conviction for handling stolen property, and imposed a sentence of seven years imprisonment with an additional five years of police supervision after completion of the prison term.
Court Disposition
appeal allowed in part; conviction for robbery with violence quashed; conviction for handling stolen property substituted; sentence imposed
Orders
- The appeal is allowed.
- The conviction for robbery with violence is quashed and the sentence set aside.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO.281 OF 1999 From Original Conviction(s) and Sentence(s) Criminal in Case No.2992 of 1996 of the Resident Magistrate’s Court at NAIVASHA
DANI GITHINJI NJOGU…………………………………….APPELLANT VERSUS REPUBLIC…………………………………………………..RESPONDENT
JUDGMENT These appeals were consolidated but appellants in criminal appeal Nos. 282, 283 and 284 of 1999 were said to have died when they were called out for hearing. Those appeals have accordingly abated.
This appeal no. 281 of 1999 is yet by the same appellant where we have had occasion to hear and comment on his record. At the hearing of the appeal, the learned counsel for the republic rightly submitted that the appellant should have been convicted of the offence of handling stolen property.
The complainant in the robbery charges pw1 did not identify any of the robbers. One month after the robbery however, he was called to the police station where he identified some of his items. The appellant had by then been arrested. The appellant laid no claim over the property and offered no explanation for possessing the same. The evidence could not sustain a conviction for robbery with violence.
We accordingly allow the appeal quash the conviction and set aside the sentence. In place thereof, we substitute a conviction for the offence of handling stolen property c/s 322(2) of the Penal Code and sentence the appellant to seven(7) years imprisonment.
He shall be under police supervision for 5(five) years after completion of the prison term.
Orders accordingly.
MBOGHOLI MSAGHA JUDGE 16/7/2002 G. MBITO JUDGE