[2001] KEHC 231 (KLR)
The court found that the trial magistrate erred by relying on hearsay evidence from Pw1 and Pw2 and on retracted statements of some appellants without corroboration. The absence of corroborative evidence created reasonable doubt, which should have been resolved in favour of the appellants. Consequently, the...
Source-derived case information.
- Citation
- [2001] KEHC 231 (KLR)
- Parties
- Appellant: Ekeno Lorubuin; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 880 of 1999
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; convictions quashed; sentences set aside
- Legal Topics
- Hearsay Evidence, Retracted Confession, Corroboration, Standard of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ekeno Lorubuin
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the convictions were based on admissible and credible evidence.
- 2 Whether the trial magistrate erred in relying on hearsay and retracted statements without corroboration.
- 3 Whether reasonable doubt existed that should have been resolved in favour of the appellants.
Ratio Decidendi
The court found that the trial magistrate erred by relying on hearsay evidence from Pw1 and Pw2 and on retracted statements of some appellants without corroboration. The absence of corroborative evidence created reasonable doubt, which should have been resolved in favour of the appellants. Consequently, the convictions were unsafe and could not be sustained, leading to the quashing of the convictions and setting aside of the sentences.
Court Disposition
appeal allowed; convictions quashed; sentences set aside
Orders
- The convictions are quashed.
- The sentences are set aside.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
APPELALTE SIDE
CRIMINAL APPEAL NO. 880 OF 1999
(FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL
CASE NO. 653 OF 1997 OF THE PRINCIPAL MAGISTRATE’S COURT
AT NYAHURURU)EKENO LORUBUIN………………………………………….APPELLANTVERSUSREPUBLIC…..………………………………………………RESPONDENTJUDGMENT
These appeals are consolidated. On 31st July, 2001, the learned counsel for the Republic conceded these appeals. Being satisfied that the appeals should be allowed, this court quashed the convictions and set aside the convictions. However the reasons were reserved to this day.
It is clear from the record that Pw1 and Pw2 gave hearsay evidence. The learned trial magistrate also relied upon the retracted statements of appellant Nos.1 and 3 of to arrive at the convictions.
There was no corroborations of the said evidence and there was a reasonable doubt which the learned trial magistrate ought to have given to the appellants.
For the foregoing reasons the appeals were allowed.
Dated and delivered at Nairobi this 25th day of September, 2001
MBOGHOLI MSAGHA
JUDGE
A.G.A. ETYANG