[2002] KEHC 488 (KLR)

[2002] KEHC 488 (KLR)

The court found that the injuries inflicted on the complainants during the robberies were minor and classified as harm. Some of the stolen property was recovered from the 1st and 3rd appellants, and the prosecution did not object to the substitution of the convictions. The court determined that this was a proper case for substituting the convictions for robbery with violence with convictions for simple robbery under section 296(1) of the Penal Code. The death sentences previously imposed were set aside, and each appellant was sentenced to 6½ years imprisonment on each of the three counts, to run concurrently from 15/12/99, plus a stroke on each count.

Citation
[2002] KEHC 488 (KLR)
Parties
Appellant: James Gitungo Njehia; Appellant: Dickson Mungai Kungu; Appellant: Stephen Nderu Njuguna; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
26 March 2002
Case Number
Criminal Appeal 1339, 1340 & 1341 of 1999
Procedural Posture
Criminal Appeal / Judgment
Outcome
Convictions for robbery with violence substituted with convictions for simple robbery under section 296(1) of the Penal Code; death sentences set aside; appellants sentenced to 6½ years imprisonment on each count to run concurrently from 15/12/99 plus a stroke on each count.
Judges
VV Patel
Legal Topics
Robbery, Sentencing, Conviction Substitution, Handling Stolen Property
Source Language
English
Criminal Law Robbery Sentencing Conviction Substitution Handling Stolen Property

Case Brief

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Parties

James Gitungo Njehia

Appellant

Dickson Mungai Kungu

Appellant

Stephen Nderu Njuguna

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 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. 2 Whether the sentences of death should be set aside and appropriate sentences imposed for the substituted offences.

Ratio Decidendi

The court found that the injuries inflicted on the complainants during the robberies were minor and classified as harm. Some of the stolen property was recovered from the 1st and 3rd appellants, and the prosecution did not object to the substitution of the convictions. The court determined that this was a proper case for substituting the convictions for robbery with violence with convictions for simple robbery under section 296(1) of the Penal Code. The death sentences previously imposed were set aside, and each appellant was sentenced to 6½ years imprisonment on each of the three counts, to run concurrently from 15/12/99, plus a stroke on each count.

Court Disposition

Convictions for robbery with violence substituted with convictions for simple robbery under section 296(1) of the Penal Code; death sentences set aside; appellants sentenced to 6½ years imprisonment on each count to run concurrently from 15/12/99 plus a stroke on each count.

Orders

  • Convictions for robbery with violence set aside and substituted with convictions for robbery contrary to section 296(1) of the Penal Code on each of the three counts.
  • Death sentences set aside.