[2003] KEHC 922 (KLR)
The court found that the evidence on record did not support a conviction for robbery with violence under section 296(2) of the Penal Code, but rather for simple robbery under section 296(1). The court agreed with both parties that the conviction and sentence should be substituted accordingly. Taking into account...
Source-derived case information.
- Citation
- [2003] KEHC 922 (KLR)
- Parties
- Appellant: Pius Ndambuki Kivuva; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 279 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Conviction under section 296(2) of the Penal Code set aside and substituted with conviction under section 296(1); sentence of death quashed; appellant sentenced to period already served, two strokes of the cane, and five years police supervision.
- Legal Topics
- Robbery With Violence, Sentencing, Conviction Substitution
- 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
Pius Ndambuki Kivuva
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was properly convicted under section 296(2) of the Penal Code for robbery with violence.
- 2 Whether the conviction should be substituted with a conviction under section 296(1) of the Penal Code for simple robbery.
- 3 What is the appropriate sentence in light of the period already served and the value of goods stolen.
Ratio Decidendi
The court found that the evidence on record did not support a conviction for robbery with violence under section 296(2) of the Penal Code, but rather for simple robbery under section 296(1). The court agreed with both parties that the conviction and sentence should be substituted accordingly. Taking into account that the appellant was a first offender, the value of the stolen goods was Kshs. 1,300, and that he had already served three years and five months in custody (including three years on death row), the court held that this period constituted sufficient punishment. The court therefore sentenced the appellant to imprisonment equal to the period already served, ordered two strokes of...
Court Disposition
Conviction under section 296(2) of the Penal Code set aside and substituted with conviction under section 296(1); sentence of death quashed; appellant sentenced to period already served, two strokes of the cane, and five years police supervision.
Orders
- Conviction under section 296(2) of the Penal Code set aside.
- Conviction entered under section 296(1) of the Penal Code.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBICRIMINAL DIVISIONCRIMINAL APPEAL NO. 279 OF 2000 From Original Conviction and Sentence in Criminal Case No. 3910 of 1999 of The Principal Magistrate’s Court at Machakos)
PIUS NDAMBUKI KIVUVA………………………………..APPELLANT VERSUS REPUBLIC……………………………………………...….RESPONDENT
J U D G M E N T
The appellant was convicted of the offence of robbery with violence C/s 296(2) of the Penal Code and sentenced to death. This appeal arises from that conviction.
At the hearing of this appeal, it transpired that he ought to have been convicted of the lesser offence of Robbery C/s 296(1) of the Penal Code. The learned counsel for the Republic did not have any objection to the substitution.
With respect we agree and set aside the conviction under section 296(2) aforesaid and quash the death sentence. In place thereof, we enter a conviction under section 296(1) of the Penal Code.
The appellant was said to be a first offender. The value of goods stolen was Kshs. 1,300/-. From the date of his arrest to date, he has been in custody for a total of three years and five months, three years of which were in prison service on death row. We consider this to be sufficient punishment and therefore sentence him to imprisonment equal to the period already served. He shall receive two strokes of the cane and then be released unless he is otherwise lawfully held. Thereafter he shall be under police supervision for a period of five years.
Orders accordingly.
Dated and delivered at Nairobi this 27th day of March, 2003. MBOGHOLI MSAGHA JUDGE