[2001] KEHC 234 (KLR)
The court found that the contradictions in the evidence of prosecution witness one fatally weakened the prosecution's case on count one, making the conviction for robbery with violence unsustainable. The court therefore allowed the appeal on that count, setting aside the conviction and sentence of death. Regarding...
Source-derived case information.
- Citation
- [2001] KEHC 234 (KLR)
- Parties
- Appellant: Virginia Gathoni Mukinya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 849 of 1999
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed in part; conviction and sentence on count one set aside; sentences on counts two and three reduced to period served; appellant to be released unless otherwise lawfully held.
- Judges
- GP Mbito
- Legal Topics
- Robbery With Violence, Contradictory Evidence, Conviction and Sentence, First Offender, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Virginia Gathoni Mukinya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for robbery with violence under section 296(2) of the Penal Code was sustainable given contradictions in the prosecution evidence.
- 2 Whether the sentences for counts two and three should be upheld or reduced.
Ratio Decidendi
The court found that the contradictions in the evidence of prosecution witness one fatally weakened the prosecution's case on count one, making the conviction for robbery with violence unsustainable. The court therefore allowed the appeal on that count, setting aside the conviction and sentence of death. Regarding counts two and three, the appellant had abandoned her appeal, and the court found that the evidence was overwhelming to sustain the convictions. However, considering that the appellant was a first offender and had already served 29 months of the concurrent three-year sentences, the court held that this period constituted sufficient punishment and reduced the sentences to the...
Court Disposition
Appeal allowed in part; conviction and sentence on count one set aside; sentences on counts two and three reduced to period served; appellant to be released unless otherwise lawfully held.
Orders
- Conviction and sentence of death set aside in respect of count one.
- Sentences in respect of counts two and three reduced to the period already served.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBICRIMINAL APPEAL NO. 849 OF 1999(FROM ORIGINAL CONVICTION AND SENTENCE IN CIRMINALCASE NO. 3772 OF 1998 OF THE SP MAGISTRATE’S COURT ATMACHAKOSVIRGINIA GATHONI MUKINYA……………………….….APPELLANTVERSUSREPUBLIC………………………………………………….RESPONDENT
J U D G M E N T
The learned counsel for the Republic concedes the appeal in respect of count one Robbery with violence c/s 296(2) of the Penal Code. With respect we agree. The contradictions that went through the evidence of pw1 weakened the prosecution case so much so that at the end of the trial, no basis for the conviction was left. Appeal on that count is therefore allowed. The appellant has abandoned her appeal on counts two and three and we believe rightly so. There was overwhelming evidence to sustain convictions on the same. We note that she was jailed for 3 years on each of the two counts. Sentences were to run concurrently. She had been treated as a first offender. She has served a substantial part of that sentence 29 months in all. We are of the view that, that is sufficient punishment. Accordingly, we make the following orders.
(a) Conviction and sentence of death set aside in respect of count one.
(b) Sentences in respect of counts two and three reduced to the period already served.
(c) Appellant to be released forthwith unless otherwise lawfully held. Dated and delivered at Nairobi this 21st day of November, 2001
MBOGHOLI MSAGHA
JUDGE
G. P. MBITO
JUDGE