[2013] KEHC 1443 (KLR)
The court found that there was no evidence directly or circumstantially linking the appellant to the offence of office breaking and stealing. Nothing was recovered from the appellant, and no witness testified to having seen him commit the offence. The only mention of the appellant's involvement came from the 1st...
Source-derived case information.
- Citation
- [2013] KEHC 1443 (KLR)
- Parties
- Appellant: Peter Ole Sikoki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 53 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction quashed; sentence set aside; appellant set at liberty
- Judges
- GO Shikwe
- Legal Topics
- Office Breaking, Stealing, Evidence Evaluation, Criminal Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ole Sikoki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether there was sufficient evidence to link the appellant to the offence of office breaking and stealing.
- 2 Whether the conviction of the appellant was safe in the absence of direct evidence.
Ratio Decidendi
The court found that there was no evidence directly or circumstantially linking the appellant to the offence of office breaking and stealing. Nothing was recovered from the appellant, and no witness testified to having seen him commit the offence. The only mention of the appellant's involvement came from the 1st accused, which was not corroborated by any other evidence. The complainant's allegations were unsupported by independent testimony or material evidence. As a result, the conviction was deemed unsafe, and the sentence was set aside. The appellant was ordered to be set at liberty unless otherwise lawfully held.
Court Disposition
appeal allowed; conviction quashed; sentence set aside; appellant set at liberty
Orders
- The conviction is quashed.
- The sentence is set aside.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 53 OF 2012
PETER OLE SIKOKI ….................................................….. APPELLANT
VERSUS
REPUBLIC …….……..................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 484 of 2011 of the Senior resident Magistrate's Court at Wundanyi – Hon. Orenge - SRM)
JUDGMENT
The Appellant PETER OLE SIKOKI was Convicted and Sentenced to four (4) years imprisonment for the offence of office breaking and stealing contrary to section 306 (a) of the Penal Code.
The particulars being that on the night of 6th and 7th day of November, 2011 at fly over Bar office building in Mwatate Location within Taita-Taveta County, jointly, with others not before the Court broke and entered therein and stole eleven (11) colour Television sets the property of PETER NYANGE MWAEGWA.
The grounds are that in the entire proceedings there is no mention of the sixth Accused and the only person who mentioned him was the 1st accused.
Miss Mwaura for the state did concede the appeal on the grounds that there was no sufficient evidence to Convict the appellant.
Upon perusal of the evidence before the Court I do find that nothing was recovered from the sixth Accused who is the appellant in this case. Nobody saw him break into the office building in question.
It is the Complainant who alleged that the 3rd to 6th Accused were mentioned by the 1st Accused. PW 3 did allege that the 5th and 6th Accused were arrested at the scene. PW 4 did testify to the effect that the 5th and sixth Accused were not found with anything.
There is no evidence to link the appellant with the offence of office breaking and stealing. The Conviction was not safe. It is quashed and the Sentence set aside. The appellant is set at liberty unless otherwise Judgment read and delivered this 6th day of November, 2013.
…...................
M. MUYA
JUDGE
6TH NOVEMBER, 2013
In the presence of:-
Learned State Counsel Miss Ogweno
Learned Counsel for the Defence absent
Court clerk Musundi