[2000] KEHC 230 (KLR)
The court found that the only evidence against the appellants was the statement of the 1st accused, an accomplice, who named them to the police as participants in the stock theft. At trial, the 1st accused gave an unsworn defence denying knowledge of the offence. The court held that there was no corroborative...
Source-derived case information.
- Citation
- [2000] KEHC 230 (KLR)
- Parties
- Appellant: Raymond Kipkemoi Rotich; Appellant: James Kasmir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 246 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- VV Patel
- Legal Topics
- Stock Theft, Accomplice Evidence, Corroboration, Criminal Appeal, Quashing Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raymond Kipkemoi Rotich
Appellant
James Kasmir
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the convictions of the appellants for stock theft were supported by sufficient evidence.
- 2 Whether the evidence of an accomplice required corroboration to sustain a conviction against the appellants.
- 3 Whether the convictions should be quashed and sentences set aside.
Ratio Decidendi
The court found that the only evidence against the appellants was the statement of the 1st accused, an accomplice, who named them to the police as participants in the stock theft. At trial, the 1st accused gave an unsworn defence denying knowledge of the offence. The court held that there was no corroborative evidence linking the appellants to the crime, and the law requires corroboration of accomplice evidence to sustain a conviction. In the absence of such corroboration, the convictions were unsafe. Consequently, the court allowed the appeals, quashed the convictions, and set aside the sentences of the appellants and the 4th accused, ordering their immediate release.
Court Disposition
appeal_allowed
Orders
- The appeals of Raymond Kipkemoi Rotich and James Kasmir are allowed.
- The convictions of the appellants are quashed and sentences set aside.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.246 OF 2000
(From Original Conviction and Sentence in Criminal Case No.425 of
1998 of the Senior Resident Magistrate’s Court at Kajiado).
RAYMOND KIPKEMEI ROTICH…………….APPELLANT
VERSUS
REPUBLIC………………………………...….RESPONDENT
CONSOLIDATED WITH CRIMINAL APPEAL NO.28 OF 2000
(From Original Conviction and Sentence in Criminal appeal No.425 of 1998 of the Resident Magistrate’s Court at Kajiado).
JAMES KASMIR………………………………..APPELLANT
VERSUS
REPUBLIC……………..………………………RESPONDENT
PROCEEDINGS
20/3/2000:
Mutura for the 2 applicants
Omwega , State counsel for Republic
COURT:Mr Mutura is not called upon to make submissions
OMWEGA:
I do not support the convictions.
V.V. PATEL
JUDGE
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.246 OF 2000
J U D G M E N T
Criminal AppealsNos. 246/00 OF NAIROBI HIGH COURTandNO.28/2000 OF HIGH COURT MACHAKOS are consolidated.
The two appellants were accused Nos. 2 and 3 in the Kijiado Magistrate’s Court case No.28 of 2000. Both of them were convicted together with the two others, i.e. the 1st and 4th accused in the said case. The convictions of all the above four were for stock theft, contrary to section 278, Penal Code.
The 1st and 2nd accused were sentenced to 18 months imprisonment each whereas the 3rd and the 4th were sentenced to 36 months imprisonment each on 10th March, 2000.
I do not know whether or not the 1st and the 4th accused filed their appeals. However, I have still considered the evidence against them together with the 2nd and 3rd appellants.
It was established that the 1st accused,DAVID SALIMOI was found in possession of the skins of some of the stolen animals.
The evidence against the 2nd, 3rd and 4th accused was only that of the 1st and who had named them to the Police as the ones who slaughtered the animals at his place. At the trial the said 1st accused made unsworn defence. In it, it be noted, he said that he did not know that anybody had slaughtered cattle at his place. Be what it may, it is clear that apart from what the 1st accused, DAVID said to the Police there was not an iota of evidence to connect the 2nd, 3rd and 4th accused with the stock theft. The 1st accused was an accomplice and the required corroboration was not there at all.
For the reasons given, the appeals of the two appellants viz, RAYMOND KIPKEMEI ROTICH and JAMES KASHIMIR are allowed. Their convictions are quashed and sentences set aside. On revision I also quash the convictions of TENGE OLE KONGO, the 4th accused and set aside his sentence. I order that all the above three be released forthwith.
Dated at Nairobi this 20th March, 2000.
V.V. PATEL JUDGE