[2001] KEHC 76 (KLR)
The court found that although the appellant participated in a robbery, the injuries inflicted on the complainant and his wife were not serious and were classified as harm. The robbery was not of a serious nature, and the appellant had no previous convictions. The trial was unduly delayed, causing the appellant...
Source-derived case information.
- Citation
- [2001] KEHC 76 (KLR)
- Parties
- Appellant: Martin Wafula Wasilwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 106 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction substituted; sentence varied
- Legal Topics
- Robbery, Sentencing, Appeal Review, Classification of Injury
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Martin Wafula Wasilwa
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 sentence imposed given the circumstances of the case.
Ratio Decidendi
The court found that although the appellant participated in a robbery, the injuries inflicted on the complainant and his wife were not serious and were classified as harm. The robbery was not of a serious nature, and the appellant had no previous convictions. The trial was unduly delayed, causing the appellant significant stress and mental agony. In light of these factors, the court held that the conviction for robbery with violence should be substituted with a conviction for simple robbery under section 296(1) of the Penal Code. Consequently, the death sentence was set aside, and the appellant was sentenced to three years imprisonment from the date of the original sentence, plus two...
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
11 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.106 OF 2001
(From Original Conviction and Sentence in Criminal Case No.95 of 1999 of the Magistrate’s Court at Bungoma).
Martin Wafula Wasilwa………………………………..APPELLANT VERSUS REPUBLIC…..………………………………………….RESPONDENT
J U D G M E N T
The appellant now admits that he robbed the complainant, jointly with others as stated. He has urged me to substitute the conviction for robbery, contrary to section 296(1), P.C. The evidence in the court below was that the complainant and his wife were sleeping on the night of 12th/13th January, 1999 in their house when the accused and his cronies broke into the house and robbed the complainant of his property worth about Sh.18,240/- and injured both of them.
In considering the request for the substitution I take into account that the injuries were not serious and they were classified as harm. This robbery was not of a serious nature. The appellant was arrested in January, 1999 and the trial finally ended on 25/4/2000 after many many unnecessary adjournments. I hope and trust that such delays stop. Think of the stress and mental agony of the appellant for so long. The appellant had no previous conviction. 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 3 (three) years imprisonment with effect from 25/4/2000 plus two strokes.
Dated and delivered at Nairobi this 29th day of June, 2001. V.V. PATEL JUDGE