[2001] KEHC 368 (KLR)
The court found that although the appellant participated in the robbery and was armed with pangas and rungus, the complainant did not suffer any injury worth calling injury. The evidence did not support a conviction for capital robbery under section 296(2) of the Penal Code. Both the appellant and the State Counsel...
Source-derived case information.
- Citation
- [2001] KEHC 368 (KLR)
- Parties
- Appellant: John Njiru Maskali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1219 of 1998
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction substituted; sentence varied
- Legal Topics
- Robbery, Sentencing, Conviction Substitution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Njiru Maskali
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for capital robbery should be substituted with simple robbery under section 296(1) of the Penal Code.
- 2 Whether the sentence of death was appropriate given the circumstances of the case.
Ratio Decidendi
The court found that although the appellant participated in the robbery and was armed with pangas and rungus, the complainant did not suffer any injury worth calling injury. The evidence did not support a conviction for capital robbery under section 296(2) of the Penal Code. Both the appellant and the State Counsel agreed that the conviction should be for simple robbery. The court therefore substituted the conviction to simple robbery under section 296(1) and set aside the death sentence, imposing a sentence of four years imprisonment with three strokes of the cane.
Court Disposition
conviction substituted; sentence varied
Orders
- Conviction for capital robbery set aside and substituted with conviction for simple robbery under section 296(1) of the Penal Code.
- Death sentence set aside.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO.1219 OF 1998(From Original Conviction and Sentence in Criminal Case No.447 of 1998 of the Senior Resident Magistrate’s Court at Kerugoya:
JOHN NJIRU MASKALI...............................................APPELLANT VERSUS REPUBLIC..................................................................RESPONDENT
JUDGMENT
The appellant admits that he was one of those who robbed the complainant but has requested this court to substitute the conviction for simple robbery. The evidence was that the appellant jointly with others broke into the complainant’s house at night and robbed him of the items as stated in the particulars of the charge. They were armed with pangas and rungus. The complainant was hit with the flat side of the panga during the course of the robbery but did not received any injury worth calling injury as a result. I have considered the nature of the evidence in this robbey. The motor vehicle of the complainant which was taken away that night was soon recovered although the other household goods were not. The complainant was not injured as observed earlier. In any view the appellant should have been charged for simple robbery. The learned State Counsel Omwega is also of the same view. The appellant was arrested in March, 1997 and was in remand upto September, 1998, i.e. 1 year and 6 months. He was convicted and sentenced to death on 29/9/98. He had no previous count. There is no remission for robbery sentence.
ORDER:
I substitute the conviction for Robbery, contrary to section 296(1), P.C. and set aside the death sentence. I sentence the appellant to 4 (four) years imprisonment with effect from 29-9-98 plus 3 strokes.
Dated and delivered at Nairobi this 25th day of January, 2001. V.V. PATEL JUDGE