[2003] KEHC 451 (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, as the aggravating circumstances required by law were not sufficiently established. The court agreed with the parties that a conviction under section 296(1) was appropriate....
Source-derived case information.
- Citation
- [2003] KEHC 451 (KLR)
- Parties
- Appellant: Stephen Gatei Kirobi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1427 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part; conviction substituted; sentence reduced
- Judges
- A Mbogholi-Msagha, RM Mutitu
- 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
Stephen Gatei Kirobi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction under section 296(2) of the Penal Code should be substituted with a conviction under section 296(1).
- 2 Whether the period of incarceration already served is sufficient punishment for the offence committed.
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, as the aggravating circumstances required by law were not sufficiently established. The court agreed with the parties that a conviction under section 296(1) was appropriate. Considering that the appellants were first offenders and had been in custody from 25th June 2000 to 4th June 2003, the court held that the period already served constituted sufficient punishment for the substituted offence. The court therefore quashed the original conviction and sentence, substituted it with a conviction under section 296(1), and sentenced the appellants to...
Court Disposition
appeal allowed in part; conviction substituted; sentence reduced
Orders
- Conviction under section 296(2) of the Penal Code quashed.
- Conviction entered under section 296(1) of the Penal Code.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL APPEAL NO. 1427 OF 2000
(From Original Conviction and sentence in Criminal Case No. 5392 of 2000
of the Snr. Principal Magistrate’s Court at Kibera.)
STEPHEN GATEI KIROBI…...………………………………APPELLANT
VERSUS
REPUBLIC…………………………………………………..RESPONDENT
CONSOLIDATED WITH
CRIMINAL APPEAL NO. 1428 OF 2000
STEPHEN GATEI KIROBI………………………………….APPELLANT
VERSUS
REPUBLIC…………………………………………………RESPONDENT
JUDGMENT
These two appeals are consolidated. The two appellants were convicted of the offence of robbery with violence and sentenced to death. They appealed.
At the hearing of these appeals, the learned counsel for the Republic did not oppose the appellant’s request for the conviction to be substituted to section 296(1) of the Penal code.
We have gone through the record. We agree that this is a fit case for substitution. Accordingly the conviction under section 296(2) of the Penal Code is quashed and death sentence set aside. In place thereof we enter a conviction under section 296(1) of The Penal code.
The complainant was robbed of shs. 500/- cash and a Tv aerial worth kshs. 480/-. The aerial was recovered. The appellants were arrested on 25th June, 2000 and convicted on 24th November, 2000. They have been in custody ever since. They were said to be first offenders.
We consider the period of incarceration sufficient punishment for this offence. Accordingly we sentence both appellants to imprisonment equivalent to the period already served such that they shall be set free forthwith. However each shall receive two strokes of the cane and on their release be on police supervision for a period of five years.
Orders accordingly.
Dated and delivered at Nairobi this 4th day of June, 2003
MBOGHOLI MSAGHA
JUDGE
R. M. MUTITU
JUDGE