[2005] KEHC 1021 (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 the police officer who witnessed the incident. The appellant's denial and claim of being an innocent passerby did not displace the...
Source-derived case information.
- Citation
- [2005] KEHC 1021 (KLR)
- Parties
- Appellant: Jesse Mwangi Theuri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 303 of 2003
- 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 identification of the appellant as one of the robbers was reliable and free from error.
- 2 Whether the trial court failed to analyze the evidence for material contradictions.
- 3 Whether the appellant's defence was properly considered by the trial court.
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 the police officer who witnessed the incident. The appellant's denial and claim of being an innocent passerby did not displace the prosecution's case. The court further held that the appellant's defence could not be classified as an alibi since he was present at the scene during the commission of the offence and at the time of arrest. The grounds of appeal lacked merit, and the conviction was deemed safe.
Court Disposition
appeal dismissed; conviction and sentence upheld
Orders
- The appeal is dismissed.
- The conviction and sentence of death are upheld.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
Criminal Appeal 303 of 2003
(From original conviction (s) and Sentence(s) in Criminal case No. 3075 of 2002 of the
Chief Magistrate’s Court at Nairobi (D. Kavedza (Mrs.) - S.R.M.)
JESSE MWANGI THEURI………….....………………………………..APPELLANT
VERSUS
REPUBLIC…………………… ……………...…………………..…....RESPONDENT
J U D G M E N T
JESSE MWANGI THEURIhas 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 MWANGIof cash money and mobile phone.
DAVIDtold 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. DAVIDdecided to grab the one who had been strangling him and he held on to him until PW3,PC KIPKURUIcame 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. KAGIRIlearned 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 KIPKURUIis the police officer who re-arrested the Appellant from the Complainant at the scene of incident. PC KIPKURUIsaid 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