[2003] KEHC 466 (KLR)
The court found that the evidence adduced in the lower court did not support a conviction for robbery with violence under section 296(2) of the Penal Code, as there was no medical evidence of violence or aggravating circumstances. Both parties agreed to the substitution of the conviction to section 296(1), which...
Source-derived case information.
- Citation
- [2003] KEHC 466 (KLR)
- Parties
- Appellant: David Otieno Imbo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1142 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction substituted; sentence reduced; appellant to be released forthwith with additional orders
- Legal Topics
- Robbery With Violence, Sentencing, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Otieno Imbo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction under section 296(2) of the Penal Code was proper in light of the evidence adduced.
- 2 Whether the sentence of death was appropriate or should be substituted with a lesser sentence under section 296(1) of the Penal Code.
Ratio Decidendi
The court found that the evidence adduced in the lower court did not support a conviction for robbery with violence under section 296(2) of the Penal Code, as there was no medical evidence of violence or aggravating circumstances. Both parties agreed to the substitution of the conviction to section 296(1), which covers simple robbery. The appellant, being a first offender and having served approximately three years in custody since his arrest, was deemed to have undergone sufficient punishment. The court therefore set aside the conviction and sentence under section 296(2), substituted a conviction under section 296(1), and sentenced the appellant to the period already served, with...
Court Disposition
conviction substituted; sentence reduced; appellant to be released forthwith with additional orders
Orders
- Conviction and sentence under section 296(2) of the Penal Code set aside.
- Conviction for robbery under section 296(1) of the Penal Code entered.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
APPELLATE SIDE
CRIMINAL APPEAL NO. 1142 OF 2000
(From original conviction and sentence in Criminal Case No. 1108 of 2000 of the Chief Magistrate’s Court at Makadara
DAVID OTIENO IMBO…………………………………..APPELLANT VERSUS REPUBLIC………………………………………………..RESPONDENT
J U D G M E N T
The appellant was convicted and sentenced to death for the offence of Robbery with violence c/s 296(2) of The Penal Code. He lodged this appeal. At the hearing of his appeal his advocate informed the court that the appellant wished the conviction to be substituted to fall under section 296(1) of the Penal Code. The learned counsel for the Republic did not raise any objection and on our part, having considered the evidence adduced in the lower court also agree.
We set aside the conviction and sentence under section 296(2) and in place thereof enter a conviction for Robbery under section 296(1) of the Penal Code.
The complainant was robbed of shs. 500/-. No medical evidence was adduced. The appellant was treated as a first offender. He has been in custody since 2nd June, 2000 when he was arrested. To date that is about three years. We consider this sufficient punishment. We accordingly sentence him to the period already served such that he shall be released forthwith. He shall however receive two strokes of the cane and be under police supervision for a period of five years after his release. Orders accordingly.
Dated and delivered at Nairobi this 4th day of June, 2003 MBOGHOLI MSAGHA JUDGE R. M. MUTITU JUDGE Miss Okumu for the state Mr Nyangoro for Oyiembo for appellant