[1995] KEHC 56 (KLR)
The court found that the conviction was unsafe as it was based on uncorroborated and unreliable evidence, particularly the testimony of a child witness whose account was not supported by other evidence. The State conceded that the prosecution had not proved its case beyond reasonable doubt. Consequently, the appeal...
Source-derived case information.
- Citation
- [1995] KEHC 56 (KLR)
- Parties
- Appellant: Emmanuel Adidi Angune; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 947 of 1993
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully detained
- Judges
- JM Khamoni
- Legal Topics
- House Breaking, Stealing, Evidence Evaluation, Child Witness Testimony
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Adidi Angune
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction of the appellant was supported by sufficient and reliable evidence.
- 2 Whether the evidence of child witnesses was corroborated as required by law.
Ratio Decidendi
The court found that the conviction was unsafe as it was based on uncorroborated and unreliable evidence, particularly the testimony of a child witness whose account was not supported by other evidence. The State conceded that the prosecution had not proved its case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction quashed, and the sentence set aside.
Court Disposition
appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully detained
Orders
- The appeal is allowed.
- The appellant's conviction is quashed and the sentence set aside.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL APPEAL NO.947 OF 1993
(From Original Conviction and Sentence in Criminal Case No.6377 of 1992 of the Chief Magistrates Court at Nairobi, C.W. Mwangi.)
EMMANUEL ADIDI ANGUNE ............................. APPELLANT
VERSUS
REPUBLIC ......................................... RESPONDENT
J U D G M E N T
Emmanuel Adisi Angune has appealed against his conviction and Sentence. The charge was House breaking and stealing contrary to section 304(1) and 279(b) of the Penal Code, where the Appellant was alleged to have broken into the house of Patricia Nduta Gachuki and stolen one bed cover, two pillow cases and three bedsheets all valued Kshs.1,350/=.
The Learned Trial Magistrate Miss C. Mwangi relied on uncorroborated evidence and unreliable evidence of P.W.3 Sofia Mikali a child of 11 years old who had been dishowned by her relatives and was staying with P.W.1 the complainat in this matter. The evidence of P.W.1 and P.W.2 another child 12 years old, did not corroborate the evidence of P.W.3.
The Learned State Counsel Mrs. Oduor does not support the conviction as there was no sufficient evidence proving the case against the Appellant beyond reasonable doubt.
In the circumstances therefore, the appeal is allowed.
The Appellant's conviction quashed nd the sentence set aside.
The Appellant be released forthwith unless lawfully detained in some other cause.
Dated this 10th day of November, 1995.
J.M. KHAMONI
JUDGE
Present.
Mr. Jilo for the State.