[2001] KEHC 336 (KLR)
In the case of Elizabeth Wanjiru Kamau, the court found that the identification evidence provided by the three complainants was credible and had been properly evaluated by the trial magistrate. The appellate judge agreed with the trial court's assessment and upheld the convictions. In the case of Ann Wanjiru Gitau,...
Source-derived case information.
- Citation
- [2001] KEHC 336 (KLR)
- Parties
- Appellant: Elizabeth Wanjiru Kamau; Respondent: Republic; Appellant: Ann Wanjiru Gitau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1375 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal against conviction dismissed; sentence for Anne Wanjiru Gitau reduced to two years imprisonment to run concurrently.
- Judges
- VV Patel
- Legal Topics
- Appeal Against Conviction, Appeal Against Sentence, Identification Evidence, Sentencing Disparity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Wanjiru Kamau
Appellant
Republic
Respondent
Ann Wanjiru Gitau
Appellant
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the identification evidence against the appellant was sufficient to sustain a conviction.
- 2 Whether the sentence imposed on the appellant was excessive or unjustified in comparison to a co-accused.
Ratio Decidendi
In the case of Elizabeth Wanjiru Kamau, the court found that the identification evidence provided by the three complainants was credible and had been properly evaluated by the trial magistrate. The appellate judge agreed with the trial court's assessment and upheld the convictions. In the case of Ann Wanjiru Gitau, the court found no justification for the disparity in sentences between her and her co-accused, Jared Oraro, who were convicted of the same offences. The judge reduced Anne's sentence to match that of her co-accused, ordering that the sentences run concurrently, including with any other sentence she was serving. The appeals were thus dismissed as to conviction, but allowed in...
Court Disposition
Appeal against conviction dismissed; sentence for Anne Wanjiru Gitau reduced to two years imprisonment to run concurrently.
Orders
- Convictions of Elizabeth Wanjiru Kamau and Ann Wanjiru Gitau are upheld.
- Appeal against conviction is dismissed for both appellants.
Full Case Text
Judgment text and source record
33 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.1375 OF 2000
(From Original Conviction and Sentence in Criminal Case
No.2846 of 1999 of the Chief Magistrate’s Court at Nairobi)
ELIZABETH WANJIRU KAMAU…………………...APPELLANT
VERSUS
REPUBLIC…………………………………………..RESPONDENT
J U D G M E N T
The appellant was convicted on each of the three counts.
I have carefully considered the evidence on record.
It is clear that all three complainants identified the appellant and the Magistrate believed them, with respect, I agree.
The convictions are upheld.
The appellant was released on Presidential amenity.
The appeal is stands dismissed.
Dated and delivered this 8th March, 2002.
V.V. PATEL
JUDGE
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION CRIMINAL APPEAL NO.614 OF 2000
(From Original Conviction and Sentence in Criminal Case No.1279 of 1998 of the Chief Magistrate’s Court at Nairobi).
ANN WANJIRU GITAU……………………………..APPELLANT
VERSUS
REPUBLIC…………………………………………RESPONDENT
J U D G M E N T
The appellant (Anne Wanjiru Gitau) and Jared Oraro were convicted of various offences of theft by servant. Jared has not appealed as he accepts the Magistrate’s decision.
Anne, the appellant’s appeal is only against the sentence of 31/2 years imprisonment.
I have considered the appellant’s request for the reduction of the sentence.
I note that Jared and the appellant were jointly charged for the some offences and convicted of them. However, Jared was sentenced to two years imprisonment on each count to run concurrently whereas the appellant, Anne was sentenced to 31/2 years imprisonment on each count to run concurrently. I see no reason for the said disparity. I reduce the sentence of the appellant, Anne Wanjiru Gitau on each of the counts to two years imprisonment to run concurrently. This is to run also concurrently with the other sentence she is serving.
Dated and delivered at Nairobi this 20th day of June 2001.
V.V. PATEL
JUDGE