[2001] KEHC 401 (KLR)
The court found that, although the appellants admitted to the robbery and possession of a firearm, the absence of injury to the complainant and the immediate recovery of the stolen motor vehicle constituted sufficient mitigating factors to warrant substitution of the conviction from robbery with violence to simple...
Source-derived case information.
- Citation
- [2001] KEHC 401 (KLR)
- Parties
- Appellant: Stephen Maina Warui; Appellant: David Wafula Mukasa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 540 of 1999
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_partially_allowed
- Judges
- GP Mbito, VV Patel
- Legal Topics
- Robbery, Sentencing, Conviction Substitution, Firearm Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Maina Warui
Appellant
David Wafula Mukasa
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, including the death sentence, were appropriate given the circumstances of the case.
Ratio Decidendi
The court found that, although the appellants admitted to the robbery and possession of a firearm, the absence of injury to the complainant and the immediate recovery of the stolen motor vehicle constituted sufficient mitigating factors to warrant substitution of the conviction from robbery with violence to simple robbery under section 296(1) of the Penal Code. The court also considered the appellants' lack of previous convictions and their remand period. Consequently, the death sentences were set aside and replaced with a sentence of four years imprisonment from the date of conviction, plus two strokes of the cane each. The convictions and sentences on the second and third counts were...
Court Disposition
appeal_partially_allowed
Orders
- Conviction on first count substituted to robbery contrary to section 296(1) of the Penal Code for both appellants.
- Death sentences set aside for both appellants.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.540 OF 1999
(From Original Conviction and Sentence in Criminal Case No.2742 of 1998 of the Chief Magistrate’s Court at Nairobi).
STEPHEN MAINA WARUI………………………..…APPELLANT
VERSUS
REPUBLIC………………………………………….RESPONDENT
CONSOLIDATED WITH
CRIMINAL APPEAL NO.541 OF 1999
DAVID WAFULA MUKASA………………………..…APPELLANT
VERSUS
REPUBLIC………………….……………………….RESPONDENT
J U D G M E N T
Criminal appeal Nos.540 and 541 of 1999 are consolidated.
Both appellants admits that they committed the robbery as charged in the 1st count and request for the substitution thereof for Robbery, contrary to section 296(1), P.C.
The evidence was that the appellants and others robbed the complainant of the motor vehicle, Isuzu canter and cash Sh.800/=. They further admit that they possessed the fire arm.
While considering the request for the substitution we have considered the fact that the complainant was not at all injured during the course of the robbery. Further that the motor vehicle was at once recovered. In our considered view this is a proper case for the substitution. Miss Ambasi, State Counsel also agrees. The appellants had no previous conviction. Both were in remand for about six months. There is no remission for robbery sentence.
Order: We substitute the conviction against both appellants on the1st count 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 27-5-1999 plus two strokes each. The convictions and sentences in default of the fines on the 2nd and 3rd counts respectively are upheld.
The 2nd appellant David Mukasa be repatriated to Uganda upon serving the sentence.
Dated and delivered at Nairobi this 23rd day of October, 2001.
G.P. MBITO
JUDGE
V.V. PATEL
JUDGE