[2002] KEHC 1023 (KLR)
The court found that the evidence against the appellant was overwhelming and clear. The complainant's testimony that he apprehended the appellant at the scene was corroborated by PW3, the police officer who witnessed the incident and re-arrested the appellant. The appellant's claim of being an innocent passerby was...
Source-derived case information.
- Citation
- [2002] KEHC 1023 (KLR)
- Parties
- Appellant: Jesse Mwangi Theuri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 1092 of 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; conviction and sentence upheld
- Legal Topics
- Robbery With Violence, Identification Evidence, Alibi Defence, Credibility of Witnesses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jesse Mwangi Theuri
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the evidence adduced was sufficient to sustain a conviction for robbery with violence.
- 2 Whether the identification of the appellant was free from error and credible.
- 3 Whether the trial court properly considered the appellant's defence and alleged contradictions in prosecution evidence.
Ratio Decidendi
The court found that the evidence against the appellant was overwhelming and clear. The complainant's testimony that he apprehended the appellant at the scene was corroborated by PW3, the police officer who witnessed the incident and re-arrested the appellant. The appellant's claim of being an innocent passerby was not credible in light of the direct evidence placing him at the scene as an active participant in the robbery. The court held that the appellant's defence did not amount to a true alibi, as he was present at the scene at the material time. The grounds of appeal were found to lack merit, and the conviction and sentence were upheld as safe.
Court Disposition
appeal dismissed; conviction and sentence upheld
Orders
- The appeal is dismissed.
- The conviction and sentence of death against the appellant are upheld.
Full Case Text
Judgment text and source record
62 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
SUCCESSION CAUSE 1092 OF 91
JESSE MWANGI THEURI………….....….……………………………..APPELLANT
VERSUS
REPUBLIC…………………… …………………………………..…....RESPONDENT
J U D G M E N T
JESSE MWANGI THEURI has appealed against both the conviction and sentence of
death passed against him by KAVEDZA MRS. The Appellant had been charged of violently
robbing the Complainant DAVID MWANGI of cash money and mobile phone.
DAVID told the Court that he escorted a colleague, PW2, to a bus stage at University
Way where he took a matatu. As he walked along Koinange Street, DAVID said that he was
grabbed by four men; one of them started strangling him while the rest frisked his pockets and
robbed him of cash, identity card and mobile phone. DAVID said that he heard a gun shot after
which three of the robbers ran away. DAVID decided to grab the one who had been strangling
him and he held on to him until PW3, PC KIPKURUI came and re-arrested him. The one the
Complainant and PW3 arrested was identified as the Appellant.
In his defence the Appellant said that he was a matatu conductor and that on the
material night he was looking for change when he met the Complainant. He said that the
Complainant alleged he had robbed him leading to his arrest.
The Appellant raised three grounds of appeal that one, the trial magistrate failed to
analyze the evidence of PW1 and PW3 to find that it had material contradictions. That the
Complainant’s credibility was tainted and was therefore unreliable, and finally that his alibi
defence was not given due consideration.
We have re-evaluated the evidence adduced before the trial court. The Appeal was
opposed. MRS. KAGIRI learned counsel for the State submitted that the Complainant held
the Appellant until Police came and arrested him and therefore there was no doubt that he had
committed the offence.
The evidence of identification was very clear and without doubt. The Appellant was
apprehended by the Complainant at the scene of crime after the Appellant’s accomplices had
robbed the Complainant before fleeing from the scene. The Complainant’s evidence that he
held onto the Appellant until police re-arrested him was corroborated by PW3, PC
KIPKURUI. PC KIPKURUI is the police officer who re-arrested the Appellant from the
Complainant at the scene of incident. PC KIPKURUI said that he witnessed the entire
incident from the time the four men surrounded and robbed the Complainant while one of them
tried to strangle him to the time the robbers fled leaving the Appellant behind. The Appellant is
the one who had been strangling the Complainant. The Complainant grabbed the Appellant
before he could escape with his accomplices.
We find that the evidence against the Appellant was overwhelming. We find that the
evidence was very clear that the Appellant was an accomplice to the robbery in question. The
Appellant’s denial that he was an innocent passerby could not shake the evidence of the
prosecution adduced against him. We also find that his defence cannot be classified as alibi
defence because he was at the scene of this incident at the time the offence took place and at the
time of his arrest. The Appellant’s grounds of appeal have no merit in the circumstances and
we accordingly dismiss them.
Having considered this appeal at length we find that the conviction entered against the
Appellant was safe and should not b disturbed. We dismiss the appeal accordingly.
Dated at Nairobi this 20th day of September 2005.
……………………..
LESIIT, J.
JUDGE
……………………..
M.S.A.MAKHANDIA
JUDGE
Read, signed and delivered in the presence of;
……………………..
LESIIT, J.
JUDGE
……………………..
M.S.A.MAKHANDIA
JUDGE