[2001] KEHC 365 (KLR)
The court found that although the appellants robbed the complainant and inflicted injuries, the medical evidence classified the injuries as mere harm (bruises) rather than grievous harm. Both appellants had no previous convictions and had already spent about six months in remand. The State Counsel agreed that the...
Source-derived case information.
- Citation
- [2001] KEHC 365 (KLR)
- Parties
- Appellant: Peter Kipkurui Ngeno; Appellant: Donald Kiprono Kering; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 105 of 1999
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Conviction for robbery with violence substituted with simple robbery; death sentence set aside; appellants sentenced to 3½ years imprisonment from 15th January 1999 plus two strokes each.
- Legal Topics
- Robbery, Sentencing, Conviction Substitution, First Offender, Injury Classification
- 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
Peter Kipkurui Ngeno
Appellant
Donald Kiprono Kering
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 injuries sustained by the complainant warrant a lesser conviction and sentence.
- 3 What is the appropriate sentence for first offenders who have admitted the offence and caused only minor harm.
Ratio Decidendi
The court found that although the appellants robbed the complainant and inflicted injuries, the medical evidence classified the injuries as mere harm (bruises) rather than grievous harm. Both appellants had no previous convictions and had already spent about six months in remand. The State Counsel agreed that the circumstances justified a lesser conviction. Consequently, the court substituted the conviction from robbery with violence to simple robbery under section 296(1) of the Penal Code, set aside the death sentence, and imposed a custodial sentence of three and a half years imprisonment from the date of initial remand, plus two strokes of the cane for each appellant.
Court Disposition
Conviction for robbery with violence substituted with simple robbery; death sentence set aside; appellants sentenced to 3½ years imprisonment from 15th January 1999 plus two strokes each.
Orders
- Conviction against both appellants substituted for robbery contrary to section 296(1) of the Penal Code.
- Death sentence set aside for both appellants.
Full Case Text
Judgment text and source record
50 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
APPELLATE SIDE
CRIMINAL APPEAL NO.105 OF 1999
PETER KIPKURUI NGENO…….…….................………….APPELLANT
VERSUS
REPUBLIC……………………………...................………..RESPONDENT
(From Original Conviction and Sentence in Criminal Case No.1691 of
1998 of the Principal Magistrate’s Court at Kericho).
5/11/2001
Both appellants present
Monda, State Counsel
1ST APPELLANT
I admit robbing the complainant as charged. Pray substitute the conviction for simple robbery.
2ND APPELLANT
I also admit robbery the complainant. Pray for the substitution. First offence.
MONDA
I do not object. Very minor injury.
V.V. PATEL
JUDGE
5/11/2001
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
APPELLATE SIDE
CRIMINAL APPEAL NO.105 OF 1999
(From Original Conviction and Sentence in Criminal Case No.1691 of 1998 of the Principal Magistrate’s Court at Kericho).
PETER KIPKURUI NGENO…….…………...................................................…….APPELLANT
VERSUS
REPUBLIC……………………………………....................................................RESPONDENT
CONSOLIDATED WITH
CRIMINAL APPEAL NO.106 OF 1999
(From Original Conviction and Sentence in Criminal Case No.1691 of 1998 of the Principal Magistrate’s Court at Kericho).
DONALD KIPRONO KERING……………...................................................……..APPELLANT
VERSUS
REPUBLIC…………………………….................................................……….RESPONDENT
JUDGMENT
The appellants in Criminal Appeal Nos. 105 and 106 of 1999 (which are consolidated now admit robbing the complainant as charged but have asked us for the substitution of the convictions for Robbery, contrary to section 296(1), P.C.
The evidence was that both appellants robed the complainant of cash Sh.17,800/- on 1/8/98.
It is clear from the medical evidence that the appellants injured the complainant during the cause of the robbery. However, the injustices being bruises were classified as mere harm.
We consider this a suitable case for the substitution. The learned State Counsel Mr. Monda also agrees.
Both appellants has no previous convictions. They were in remand for about 6 months. There is no remission for robbery sentence.
ORDER
We substitute the conviction against both appellants for Robbery, contrary to section 296(1), P.C and set aside the death sentence. We sentence each of the two appellants to 3½ years imprisonment with effect from 15th January 1999 plus two strokes each.
Dated and delivered at Nairobi this 5th day of November, 2001.
G.P. MBITO
JUDGE
V.V. PATEL
JUDGE