[1985] KEHC 70 (KLR)
The court found that the complainant was robbed in broad daylight and had sufficient opportunity to identify the appellant as one of the two attackers. The identification was deemed reliable. The sentence of four years' imprisonment was within the statutory limits and was neither harsh nor excessive. Consequently,...
Source-derived case information.
- Citation
- [1985] KEHC 70 (KLR)
- Parties
- Appellant: Lemba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 267 of 1985
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Robbery With Violence, Identification Evidence, Criminal Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lemba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was properly identified as one of the attackers during the robbery with violence.
- 2 Whether the conviction and sentence imposed were lawful and appropriate.
Ratio Decidendi
The court found that the complainant was robbed in broad daylight and had sufficient opportunity to identify the appellant as one of the two attackers. The identification was deemed reliable. The sentence of four years' imprisonment was within the statutory limits and was neither harsh nor excessive. Consequently, the court held that both the conviction and sentence were proper and dismissed the appeal in its entirety.
Court Disposition
appeal dismissed
Orders
- The appeal against conviction and sentence is dismissed.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
Lemba v Republic
High Court, at Nairobi September 30, 1985Mbaya JCriminal Appeal No 267 of 1985(Appeal frrm the Resident Magistrate’s Court at Thika)
Advocates Appellant absent, unrepresented and not wishing to be present Miss W Ngugi for Respondent
September 30, 1985, Mbaya J delivered the following Judgment.
The appellant was charged with robbery with violence contrary to section 296(1) of the Penal Code, and on conviction he was sentenced to 4 year’s imprisonment. He appeals against conviction and the sentence.
The prosecution case was that PW 1, the complainant was robbed of his bicycle by two attackers at a place near the Fourteen Falls at Thika. PW 1 testified that the was robbed of his bicycle at about 3 pm on the material day. It was day-time and the appellant had ample opportunity to identify the accused as being one of the two attackers. In the circumstances I am satisfied that the appellant was properly identified, and I hold therefore that he was properly convicted. As the sentence is lawful and is neither harsh nor excessive, the whole appeal against the conviction and sentence is hereby dismissed.