[2001] KEHC 258 (KLR)
The court found that, although the appellants committed five robberies, the circumstances did not involve serious injuries or high-value property, and the appellants had no previous convictions. The robberies were committed on the same night, and some stolen items were recovered. The court considered the period...
Source-derived case information.
- Citation
- [2001] KEHC 258 (KLR)
- Parties
- Appellant: James Njuguna Mwangi; Appellant: Joseph Macharia Ndungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 584 of 1999
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Convictions for robbery with violence substituted with convictions for simple robbery; death sentences set aside; appellants sentenced to 3.5 years imprisonment on each count to run concurrently plus one stroke on each count.
- Judges
- VV Patel
- Legal Topics
- Robbery, Sentencing, Conviction Substitution, Remand Period, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Njuguna Mwangi
Appellant
Joseph Macharia Ndungu
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 sentences of death should be set aside and appropriate sentences imposed given the circumstances of the case.
Ratio Decidendi
The court found that, although the appellants committed five robberies, the circumstances did not involve serious injuries or high-value property, and the appellants had no previous convictions. The robberies were committed on the same night, and some stolen items were recovered. The court considered the period spent in remand and the absence of remission for robbery sentences. Consequently, the court substituted the convictions from robbery with violence to simple robbery under section 296(1) of the Penal Code, set aside the death sentences, and imposed concurrent sentences of three and a half years' imprisonment plus one stroke of the cane for each count, effective from the date of...
Court Disposition
Convictions for robbery with violence substituted with convictions for simple robbery; death sentences set aside; appellants sentenced to 3.5 years imprisonment on each count to run concurrently plus one stroke on each count.
Orders
- Convictions on all five counts substituted to robbery contrary to section 296(1) of the Penal Code.
- Death sentences set aside for both appellants.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.584 OF 1999
(From Original Conviction and Sentence in Criminal Case
No.755 of the Chief Magistrate’s Court at Thika)
JAMES NJUGUNA MWANGI……………………….…..APPELLANT
VERSUS
REPUBLIC……………………………………………….RESPONDENT
CONSOLIDATED WITH CRIMINAL APPEAL NO.587 OF 1999
JOSEPH MACHARIA NDUNGU………………………..APPELLANT
VERSUS
REPUBLIC……………………………………………..RESPONDENT
J U D G M E N T
Criminal appeal Nos.584 and 587 of 1999 are consolidated. Both appellants have now admitted that they committed the five robberies as charged in count Nos. 1 to 5. They have urged for the substitution of their convictions on each of the said counts for robbery, contrary to section 296(1), P.C.
The evidence was that the appellants robbed the five complainants of property valued at Sh.8,670/=, Shs.5,500/= Sh.3,940/= Sh.1,200/= and sh.400/= respectively. It is clear that the injuries on none of the complainants were at all serious. The properties they were robbed of were not of high value either. All the above robberies were committed in Githurai area, Thika District on the same night of 3rd March, 1998. The appellants were soon arrested. Some of the items robbed of were recovered.
I consider this as a suitable case for the substitutions asked for. The appellants were in remand for about 15 months. None of the appellants had any previous conviction. There is no remission for robbery sentence. Order: I substitute the conviction of each of the five counts for Robbery, contrary to section 296(1), P.C. and set aside the death sentences. I sentence each of the two appellants on each of the five counts to 3 ½ years imprisonment to run concurrently with effect from 16/6/1999 plus one stroke on each count.
Dated and delivered at Nairobi this 17th day of August, 2001.
V.V. PATEL
JUDGE