[2001] KEHC 241 (KLR)
The court found that although the appellant committed four robberies, the evidence did not establish that violence was used or that the victims were injured. The complainants were threatened but not harmed, and some stolen property was recovered. Given these circumstances, the court held that the convictions for...
Source-derived case information.
- Citation
- [2001] KEHC 241 (KLR)
- Parties
- Appellant: Sauel Ngao Ole Betuyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 922 of 1999
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- convictions for robbery with violence substituted with convictions for robbery; death sentences set aside; appellant sentenced to three years imprisonment and corporal punishment on each of the first four counts; sentences for firearm and ammunition possession to run concurrently.
- Judges
- GP Mbito, VV Patel
- Legal Topics
- Robbery With Violence, Sentencing, Conviction Substitution, Possession of Firearms, Appeal Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sauel Ngao Ole Betuyi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the convictions for Robbery with Violence under section 296(2) of the Penal Code should be substituted with convictions for Robbery under section 296(1).
- 2 Whether the sentences imposed were appropriate in light of the evidence and admissions by the appellant.
Ratio Decidendi
The court found that although the appellant committed four robberies, the evidence did not establish that violence was used or that the victims were injured. The complainants were threatened but not harmed, and some stolen property was recovered. Given these circumstances, the court held that the convictions for Robbery with Violence under section 296(2) should be substituted with convictions for Robbery under section 296(1) of the Penal Code. The court also considered the appellant's time in remand and lack of relevant previous convictions in determining the appropriate sentence. The death sentences were set aside and replaced with three years imprisonment and corporal punishment for...
Court Disposition
convictions for robbery with violence substituted with convictions for robbery; death sentences set aside; appellant sentenced to three years imprisonment and corporal punishment on each of the first four counts; sentences for firearm and ammunition possession to run concurrently.
Orders
- Convictions on counts 1, 2, 3, and 4 substituted for Robbery under section 296(1), Penal Code.
- Death sentences on counts 1-4 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.922 OF 1999
(From Original Conviction and Sentence in Criminal Case No.165 of 1999 of the Senior Magistrate’s Court at Kajiado).
SAUEL NGAO OLE BETUYI…………………...............……APPELLANT
VERSUS
REPUBLIC …………………………………............…….RESPONDENT
J U D G M E N T
The appellant was convicted on the first four counts for Robbery with Violence, contrary to section 296(2), P.C. and sentenced to death.
On the 5th and the 6th counts he was convicted of possessing the hand made gun and two live ammunitions respectively.
The appellant has now admitted to us that he committed all the six offences but has asked us to substitute the convictions on the first four counts for Robbery, contrary to section 296(1), P.C.
The evidence was that all the four robberies were committed at the same place and time on 19th February, 1999.
The home made gun and the two live ammunitions were found in his possession on 18th April, 1999 and he was arrested.
We note that the evidence in the lower court was that the 1st complainant was robbed of his motor vehicle, Isuzu Tougher plus Sh.700/= cash, while the 4th one was robbed of his motor cycle make Honda and a wrist watch.
The 2nd and 3rd complainants were robbed of cash Sh.5,905/= and Sh.600/= respectively.
It was in the evidence that although the complainants were threatened during the course of the robberies none of them was injured at all. Further that the motor vehicle, Isuzu Tougher, Reg.No.KAB, 113Q was recovered.
Bearing in mind the nature of the evidence as a whole, it is our considered view that this is a suitable case for the substitution of the convictions in the first four counts for Robbery, contrary to section 296(1), P.C.
The learned State Counsel M/S Ambasi has no objection to it either, with respect we agree.
The appellant was in remand for 4 months. His previous conviction for malicious damage in 1982 was not relevant. There is no remission for robbery sentence.
Order:
We substitute the convictions on each of the count Nos. 1,2,3 and 4 for Robbery, contrary to section 296(1), P.C. and set aside the death sentences. We sentence the appellant to three years imprisonment with effect from 25th August, 1999 plus one stroke on each of the said four counts. The sentence of 12 months imprisonment on each of the 5th and 6th counts to run concurrently stands.
Dated and delivered at Nairobi this 29th day of October,2001.
G.P. MBITO
JUDGE
V.V. PATEL
JUDGE