[2002] KEHC 570 (KLR)
The court found that although the appellants participated in robberies, the prosecution failed to produce medical evidence of injuries sustained by the complainants, leaving a gap in proving the aggravating elements required for a conviction under section 296(2) of the Penal Code. Additionally, some stolen property...
Source-derived case information.
- Citation
- [2002] KEHC 570 (KLR)
- Parties
- Appellant: Haron Muta Waweru; Appellant: Jackson Ochola Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 480 of 1999
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- convictions substituted; death sentences set aside; custodial sentences imposed
- Judges
- VV Patel
- Legal Topics
- Robbery, Sentencing, Conviction Substitution, Remand Period, Death Sentence, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Haron Muta Waweru
Appellant
Jackson Ochola Owuor
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the convictions for robbery with violence should be substituted with convictions for simple robbery under section 296(1) of the Penal Code.
- 2 Whether the death sentences imposed should be set aside and replaced with custodial sentences.
Ratio Decidendi
The court found that although the appellants participated in robberies, the prosecution failed to produce medical evidence of injuries sustained by the complainants, leaving a gap in proving the aggravating elements required for a conviction under section 296(2) of the Penal Code. Additionally, some stolen property was recovered. The state did not oppose the substitution. Considering these factors, the court held that the convictions should be substituted with simple robbery under section 296(1), and the death sentences set aside. The appellants, being first offenders and having spent a significant period in remand, were each sentenced to five years imprisonment on each of the six counts,...
Court Disposition
convictions substituted; death sentences set aside; custodial sentences imposed
Orders
- Convictions against both appellants substituted for robbery contrary to section 296(1) of the Penal Code.
- Death sentences set aside.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OOURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.480 OF 1999
(From Original conviction and Sentence in criminal case No. 2549 of 1996 of the Principal Magistrate’s Court at Nyahururu)
HARON MUTA WAWERU………………………………..…APPELLANT
VERSUS
REPUBLIC…………………………………………………..RESPONDENT
CONSOLIDATED WITH CRIMINAL APPEAL NO.478 OF 1999
(From Original conviction and Sentence in criminal case No. 2549 of 1996 of the Principal Magistrate’s Court at Nyahururu)
JACKSON OCHOLA OWUOR…………………………..…APPELLANT
VERSUS
REPUBLIC…………………………………………………..RESPONDENT
J U D G M E N T
Criminal appeal Nos. 480 and 478 of 199 are consolidated.
Both appellants have now admitted that they committed the robberies for which they were convicted but have requested us to substitute their convictions for Robbery, contrary to section 296(1), P.C.
The evidence was that the appellants, jointly with others not before the court, committed the spate of robberies for which they were convicted in the areas specified in Nyandarua District on the night of 21st and 22nd September, 1996 and also on the night of 24th September, 1996. The robbers were armed with iron bars, rungs and pangas.
In considering the request for the substitution we note that the motor vehicle robbed of Mugi Macharia (PW1) was recovered. Also recovered was the motor vehicle Julius Maina (PW5) was robbed of some of the other properties of some other complainants were recovered. Further we note that the Republic produced no medical evidence on the alleged injuries and their classification in the courses of the robberies, thus leaving the loophole unplugged.
The learned state counsel, Mr. Bonda does not object to the substitutions requested. With utmost respect, we agree.
We find this case to be a proper one for the substitution of the convictions for Robbery, contrary to section 296(1), P.C.
The appellants were in remand for about 2 years and 7 months, i.e. from 24/9/96 upto 22nd April 1999, when the case was finally concluded. These delays must stop. There is no remission for robbery sentence. Both appellants were first offenders.
Order:
We substitute the convictions against each of the two appellants for Robbery, contrary to section 296(1), P.C. and set aside the death sentences. We sentence each of the two appellants to 5 years imprisonment with effect from 22nd April 1999 on each of the six counts to run concurrently plus one stroke each on each count.
Judgment delivered at Nairobi on 5th March, 2002.
V.V. PATEL
JUDGE
W.K. TUYOIT
JUDGE