[2001] KEHC 878 (KLR)
The court found that although the appellant participated in a robbery where the complainant was injured, the injuries were classified as harm and not grievous harm or life-threatening. The evidence did not support a conviction for robbery with violence under section 296(2) of the Penal Code. Both the appellant and...
Source-derived case information.
- Citation
- [2001] KEHC 878 (KLR)
- Parties
- Appellant: Joseph Muteti King'oo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1444 of 1993
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction substituted; sentence varied
- Legal Topics
- Robbery, Sentencing, Conviction Substitution, Injury Classification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Muteti King'oo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for robbery with violence should be substituted with a conviction for simple robbery under section 296(1) of the Penal Code.
- 2 Whether the sentence of death should be set aside and an appropriate custodial sentence imposed.
Ratio Decidendi
The court found that although the appellant participated in a robbery where the complainant was injured, the injuries were classified as harm and not grievous harm or life-threatening. The evidence did not support a conviction for robbery with violence under section 296(2) of the Penal Code. Both the appellant and the State agreed that the conviction should be substituted for simple robbery under section 296(1). The court also considered that the appellant had no previous convictions and had spent about fifteen months in remand. Consequently, the court substituted the conviction, set aside the death sentence, and imposed a custodial sentence of four years imprisonment from the date of...
Court Disposition
conviction substituted; sentence varied
Orders
- The conviction for robbery with violence is substituted with a conviction for robbery contrary to section 296(1) of the Penal Code.
- The death sentence is set aside.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPEAL NO.1444 OF 1993 (From Original Conviction and Sentence in Criminal Case No.3624 of 1997 of the Principal Magistrate’s Court at Machakos) JOSEPH MUTETI KING’OO………………….………….APPELLANT VERSUS REPUBLIC………………………………………….……RESPONDENT J U D G M E N T
The appellant has now admitted that he robbed the complainant as charged but has prayed for the substitution of the conviction for Robbery, contrary to section 296(1), P.C. The evidence was that the appellant and one another robbed the complainant who was known to her of her basket containing cash Sh.3,000/=.
The appellant’s crony hit the complainant during the course of the robbery. The medical evidence was that the complainant received soft tissue injury and some bruises as a result.
Bearing in mind the nature of the robbery we consider this to be a proper case for the substitution. The complainant’s injury was classified as harm and she was robbed of Sh.3,000/=.
The learned State Counsel Miss Ambasi does not object the substitution either. There is no remission for robbery sentence. The appellant had no previous conviction and was in remand for about fifteen months. Order:
We substitute the conviction for Robbery, contrary to section 296(1), P.C. and set aside the death sentence. We sentence the appellant to four years imprisonment with effect from 15th November, 1998 plus two strokes.
Dated and delivered at Nairobi this 24th day of October, 2001. G.P. MBITO JUDGE V.V. PATEL JUDGE