[2001] KEHC 232 (KLR)
The court found that, although the appellants participated in a robbery where the complainant was injured, the injury healed after treatment and some of the stolen property was recovered. The appellants were first offenders and had already spent about 15 months in remand. The State did not object to the substitution...
Source-derived case information.
- Citation
- [2001] KEHC 232 (KLR)
- Parties
- Appellant: Patrick Raman Maina; Appellant: Peter Wamboga Ekonia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 873 of 1998
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction substituted; sentence varied
- Judges
- GP Mbito, VV Patel
- Legal Topics
- Robbery, Sentencing, Conviction Substitution, First Offender, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Raman Maina
Appellant
Peter Wamboga Ekonia
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 appellants participated in a robbery where the complainant was injured, the injury healed after treatment and some of the stolen property was recovered. The appellants were first offenders and had already spent about 15 months in remand. The State did not object to the substitution of the conviction. The court held that these factors justified substituting the conviction from robbery with violence to simple robbery under section 296(1) of the Penal Code, setting aside the death sentences, and imposing a custodial sentence of five years imprisonment with two strokes of the cane for each appellant, with repatriation to Uganda after serving the sentence.
Court Disposition
conviction substituted; sentence varied
Orders
- Conviction against each appellant substituted for robbery contrary to section 296(1) of the Penal Code.
- Death sentences set aside.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.873 OF 1998
(From Original Conviction and Sentence in Criminal Case
No.45 of 1997 of the Senior Principal Magistrate’s Court at Kiambu)
PATRICK RAMAN MAINA………………………………..APPELLANT
VERSUS
REPUBLIC………………………………………………RESPONDENT
CONSOLIDATED WITH
CRIMINAL APPEAL NO.874 OF 1998
PETER WAMBOGA EKONIA…………………………….…..APPELLANT
VERSUS
REPUBLIC………………………………………………RESPONDENT
J U D G M E N T
The appeal Nos. 873 and 874 of 1998 are consolidated. Both appellants now admit that they, jointly with others, robbed the complainant as charged. They have requested us to substitute their convictions for Robbery contrary to section 296(1), P.C. The evidence on record was that the two appellants and others jointly robbed the complainant of cash Sh.600/= and some other house hold items on the night of 17th/18th April, 1997 and during the course of the robbery one of the robbers hit the complainant with an iron bar on her upper arm fracturing it.
On the issue of the substitution of the conviction, we note that the complainant’s injury healed up after the treatment. Further that some of the property the complainant was robbed of was soon recovered. In our view this is a fit case for the substitution requested for. The learned State Counsel Miss Ambasi has no objection to the substitution either. The appellants were first offenders and were in remand for about 15 months before the trial finally ended. There is no remission for robbery sentence. Order:
We substitute the conviction against each of the two appellants for Robbery contrary to section 296(1),P.C. and set aside the death sentences. We sentence each of the two appellants to five years imprisonment with effect from 23/7/1998 plus two strokes each. Peter W.A Ekonia, the 2nd appellant and Patrick R. Maina, 1st appellant be repatriated to Uganda after the serving of the sentence.
Dated and delivered at Nairobi this 23rd October,2001.
G.P. MBITO
JUDGE
V.V. PATEL
JUDGE