[1992] KEHC 94 (KLR)
The conviction was quashed because the only evidence against the appellant was an alleged confession to a police constable, which is inadmissible, and an inquiry statement to an inspector, which was admitted without the court establishing its voluntariness. There was insufficient evidence to show the complainant had...
Source-derived case information.
- Citation
- [1992] KEHC 94 (KLR)
- Parties
- Appellant: Janet Maria Mweni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 209 of 1992
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Legal Topics
- Theft, Confession Evidence, Criminal Procedure, Admissibility of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Maria Mweni
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction of the appellant for theft was supported by admissible and sufficient evidence.
- 2 Whether the alleged confession by the appellant was properly admitted in evidence.
- 3 Whether the magistrate erred in failing to acquit the appellant under Section 210 of the Criminal Procedure Code.
Ratio Decidendi
The conviction was quashed because the only evidence against the appellant was an alleged confession to a police constable, which is inadmissible, and an inquiry statement to an inspector, which was admitted without the court establishing its voluntariness. There was insufficient evidence to show the complainant had the alleged stolen money or where it was kept. The magistrate failed to conduct the necessary inquiry into the voluntariness of the confession and should have acquitted the appellant under Section 210 of the Criminal Procedure Code. The prosecution's case was not supported by admissible or sufficient evidence, rendering the conviction unsafe.
Court Disposition
appeal_allowed
Orders
- The conviction is quashed.
- The sentence imposed on the appellant is set aside.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
Mweni v Republic
High Court, at Mombasa March 27, 1992 Omolo J
Criminal Appeal No. 209 of 1992
March 27, 1992, Omolo J delivered the following Judgment.
Janet Maria Mweni, the appellant herein was tried and convicted on a charge of theft contrary to section 275 of the Penal Code. It was alleged that on the 16th March, 1991 at 8 a.m. at Bristol Night Club Boarding and Lodging in Mombasa, she stole Shs.2,700/- the property of Agustus Toya Lewa.
Augustus (PW.1) met the appellant in a bar and they decided to spent the night together. It was alleged that August paid the appellant Shs.100/- and that while he was asleep, the appellant abandoned him taking with her his Shs.2,700/-.
There was very little evidence to show that Agustus had that money and where he had kept it. The only real evidence against the appellant was an allegation by PC. Peter Ng’ang’a (PW.2) that the appellant admitted to him that she had stolen the money and bought a dress with it. PW.2 alleged that the appellant showed him that dress. PW.2 being a police constable could not take any confession from the appellant and his evidence ought to have been ignored.
There was also the inquiry statement allegedly made by the appellant to Inspector Henry Momanyi (PW.3) and according to that statement, the appellant is alleged to have told the inspector “Ni kweli niliiba hizo pesa” Before admitting that statement in evidence the magistrate did not bother to find out from the appellant whether she agreed with IP.
Momanyi that the statement was voluntary. That is fatal to the conviction. There was no evidence upon which the appellant should have been put on her defence and in my view, the magistrate should have acquitted her under Section 210 of the Criminal Procedure Code. The learned Principal State Counsel is right in not supporting her conviction. I quash the conviction, set aside the sentence imposed on her and order that she be released from prison forthwith unless she is held for some other lawful cause.