[2001] KEHC 207 (KLR)
The court found that, although the appellants jointly robbed the complainant while armed, there was no evidence that the complainant suffered any injury during the robbery. The motor vehicle and some other stolen items were recovered. Given the overall nature of the robbery, the appellants' clean records, and the...
Source-derived case information.
- Citation
- [2001] KEHC 207 (KLR)
- Parties
- Appellant: Samuel Mbugua Karanja; Appellant: Jackson Maina Njoroge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 791 of 1999
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Convictions substituted; death sentences set aside; appellants sentenced to four years imprisonment from 15th June 1999 plus two strokes each.
- Legal Topics
- Robbery, Sentencing, Conviction Substitution, Handling Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Mbugua Karanja
Appellant
Jackson Maina Njoroge
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 sentences imposed should be set aside and substituted with lesser sentences.
Ratio Decidendi
The court found that, although the appellants jointly robbed the complainant while armed, there was no evidence that the complainant suffered any injury during the robbery. The motor vehicle and some other stolen items were recovered. Given the overall nature of the robbery, the appellants' clean records, and the period spent in remand, the court determined it was appropriate to substitute the convictions for robbery under section 296(1) of the Penal Code and set aside the death sentences. Both appellants were sentenced to four years imprisonment from 15th June 1999, plus two strokes each.
Court Disposition
Convictions substituted; death sentences set aside; appellants sentenced to four years imprisonment from 15th June 1999 plus two strokes each.
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
27 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPEAL NO.791 OF 1999 (From Original Conviction and Sentence in Criminal Case No.1151 of 1998 of the Chief Magistrate’s Court at Nakuru).
SAMUEL MBUGUA KARANJA………..……….APPELLANT
VERSUS
REPUBLIC………………………………….…..RESPONDENT
CONSOLIDATED WITH
CRIMINAL APPEAL NO.793 OF 1999
(From Original Conviction and Sentence in Criminal Case No.1151 of 1998 of the Chief Magistrate’s Court at Nakuru).
JACKSON MAINA NJOROGE…….………..……….APPELLANT
VERSUS
REPUBLIC……………………………………….…..RESPONDENT
J U D G M E N T
Criminal appeal Nos. 791 and 793 of 1999 are consolidated.
Both appellants have now admitted that they robbed the complainant as charged. They have prayed for the substitution of the conviction for Robbery, contrary to section 296(1), P.C.
Both appellants were charged for robbing the complainant on the night of 28/29th June, 1998 of a motor vehicle Ford Cartina and a few other items, the total value being Sh.200,000/=.
The alternative count against the 2nd appellant, Jackson was that of handling stolen property, contrary to section 322(2), P.C.
The evidence at the trial in the court below was that the two appellants jointly with others, armed with rungus and simis robbed the complainant at about 1 a.m. on the night of 28th/29th June,1998 as stated in the charge. The complainant was roughed up during the course of the robbery but there was no evidence that he suffered any injury.
We note that the motor vehicle the complainant was robbed of was recovered in Mwariki estate where it was abandoned.
Some other items were also recovered.
Considering the overall nature of this robbery, we are of the view that it would be proper to substitute the convictions as prayed for. The learned State Counsel Miss Ambasi does not object it.
The appellants had past clean records and were in remand for nearly a year, 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 both appellants to four years imprisonment with effect from 15th June, 1999 plus two strokes each.
Dated and delivered at Nairobi this 24th day of October, 2001.
G.P. MBITO
JUDGE
V.V. PATEL
JUDGE