[2008] KEHC 2161 (KLR)
The court found that the appellant's constitutional right to a fair trial within a reasonable time was grossly violated as he was held in police custody for six months without any explanation from the police. This violation, coupled with doubts regarding the reliability of the identification evidence, rendered the...
Source-derived case information.
- Citation
- [2008] KEHC 2161 (KLR)
- Parties
- Appellant: Joseph Kingori Kabui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 148 of 2005
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Judges
- DK Maraga, CN Mugo
- Legal Topics
- Robbery With Violence, Right to Fair Trial, Unreasonable Delay, Identification Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kingori Kabui
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's constitutional right to a fair trial within a reasonable time was violated.
- 2 Whether the identification of the appellant was reliable.
Ratio Decidendi
The court found that the appellant's constitutional right to a fair trial within a reasonable time was grossly violated as he was held in police custody for six months without any explanation from the police. This violation, coupled with doubts regarding the reliability of the identification evidence, rendered the conviction unsafe. On the authority of the Court of Appeal decision in Paul Mwangi Murunga Vs Republic, the court held that the conviction and sentence could not be sustained in the face of such a fundamental breach of constitutional rights, and the only appropriate remedy was to allow the appeal, quash the conviction, and set aside the sentence.
Court Disposition
appeal allowed
Orders
- The appellant's conviction is quashed.
- The sentence is set aside.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appeal 148 of 2005
JOSEPH KINGORI KABUI……..………………..APPELLANT
VERSUS
REPUBLIC…………………………………..….RESPONDENT
JUDGMENT
JOSEPH KINGORI KABUI(the Appellant) was upon trial before the Senior Resident Magistrate at Narok on a charge of robbery with violence contrary to Section 296(2) of the Penal Codeconvicted and sentenced to death. He has appealed against both the conviction and sentence.
At the hearing on 7th July 2008, Mr. Mugambi, learned state counsel conceded the appeal on the ground that the appellant was, without any explanation by the police, kept in police custody for a period of 6 months before being taken to court and that the Appellant's identification was also in doubt.
As Mr. Mugambi has rightly conceded no explanation has been given by the police for the gross violation of the Appellant's constitutional right to a fair trial within a reasonable time. Whether or not there was evidence against the Appellant, on the authority of the Court of Appeal decision in Paul Mwangi Murunga Vs Republic, Criminal Appeal No. 35 of 2006, we have no choice but to allow this appeal. We therefore quash the Appellant's conviction and set aside the sentence and order that he be set free forthwith unless otherwise lawfully held.
DATED and delivered at Nakuru this 18th day of July, 2008.
D. K. MARAGA
JUDGE
M. MUGO
JUDGE