[2011] KEHC 2470 (KLR)
The court found that the convictions for robbery with violence could not stand because the evidence did not establish that the appellants were in recent possession of the stolen items, nor was there adequate identification linking them to the offence. The prosecution failed to prove its case beyond reasonable doubt,...
Source-derived case information.
- Citation
- [2011] KEHC 2470 (KLR)
- Parties
- Appellant: Godfrey Godesher Ojiambo; Appellant: Peter Davidson; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 45A & 45B of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Legal Topics
- Robbery With Violence, Recent Possession, Identification Evidence, Criminal Appeal, Conviction Quashed
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Godesher Ojiambo
Appellant
Peter Davidson
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for robbery with violence was supported by sufficient evidence.
- 2 Whether the principle of recent possession was properly applied by the trial court.
- 3 Whether the identification of the appellants as perpetrators was adequate.
Ratio Decidendi
The court found that the convictions for robbery with violence could not stand because the evidence did not establish that the appellants were in recent possession of the stolen items, nor was there adequate identification linking them to the offence. The prosecution failed to prove its case beyond reasonable doubt, as the items allegedly robbed were not found in the appellants' possession and no identification parade was conducted to confirm their involvement. The court agreed with the State's concession that the evidence was insufficient to support the convictions, leading to the quashing of the convictions and setting aside of the sentences.
Court Disposition
appeal_allowed
Orders
- The convictions are quashed.
- The sentences of death are set aside.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
HCCRA. NO. 45 A & 45B OF 2008
GODFREY GODESHER OJIAMBO ..........................................................................................)APPELLANTS
PETER DAVIDSON
VERSUS
REPUBLIC....................................................................................................................................RESPONDENT
(From the conviction and sentence of A.O. Osodo, P.M.In Busia Criminal Case NO.2248 of 2006)
J U D G M E N T
The appellants, Godfrey Godesher ojiambo and Peter Davidson, were originally jointly charged with the offence of robbery with violence, contrary to section, 296(2) of the Penal Code. They were both convicted and sentenced to death. They in these two appeals, they appealed against the conviction and sentence.
The two appeal were consolidated and prosecuted under Criminal appeal No.45B of 2008.
When both appeals came up for a hearing, the Republic through the State counsel, Mr. Okeyo conceded both appeals.
Mr. Okeyo submitted that although the convictions were based on the principle of recent possession, the evidence adduced before the trial magistrate, did not support the conviction. Mr. Okeyo stated that the items allegedly robbed by the appellants were not found in the physical or effective possession of the appellants.
Mr. Okeyo also submitted that identification of the those who had allegedly committed the robbery was poor and that police identification parade was required but none was conducted.
We have carefully perused and considered the record of evidence. We entirely agree with Mr. Okeyo’s submissions. This meant that there was no adequate link between the robbery and the appellants. In the circumstances we hereby allow the two appeals herein.
The convictions are hereby quashed and the sentences of death set aside. Each appellant is hereby set at liberty unless otherwise lawfully held in prison. Orders accordingly.
Dated and delivered at Busia this 28th day of June 2011.
D. A. ONYANCHAF. MUCHEMI
J U D G E J U D G E