The court found that the applicant had satisfactorily explained the delay in filing the appeal, attributing it to circumstances beyond his control, namely the unavailability of the officer assisting him due to official duties. Applying the principles from Nicholas Kiptoo Arap Salat v IEBC and 7 Others, the court held that the applicant had met the threshold for the exercise of judicial discretion to extend time. There was no evidence of prejudice to the respondent, and the application was brought without undue delay. Consequently, the court granted leave to file the appeal out of time and dee…
The High Court upheld a robbery with violence conviction, finding reliable identification, recent possession of the stolen phone, and no basis to interfere with the death sentence.
The court found that the prosecution had adduced credible and corroborated evidence establishing that the appellant unlawfully inflicted grievous harm on PW1, assaulted PW2, and maliciously damaged PW2's vehicle. Medical reports and P3 forms confirmed the severity and permanence of PW1's injuries, consistent with grievous harm. Eyewitness testimony from both complainants identified the appellant as the perpetrator, and the appellant's own admissions placed her at the scene and acknowledged striking PW2 and damaging the vehicle. The trial court's findings were supported by the evidence, and th…
High Court appeal in a robbery with violence conviction dismissed after the court upheld identification evidence, medical proof of violence, and the 25-year sentence.
The court found that the prosecution had established all the elements of obtaining money by false pretences under section 313 of the Penal Code. The appellant falsely represented his intention and capacity to repay a loan, provided a logbook as security that was not registered in his name, and issued dishonoured cheques. The complainant relied on these representations and advanced the funds. The appellant's conduct demonstrated intent to defraud, and his defence did not raise reasonable doubt. The sentence imposed was within the legal limits and considered the appellant's status as a first of…
The court found that while the prosecution failed to prove the offence of defilement beyond reasonable doubt due to lack of conclusive evidence of penetration, the evidence established that the appellant intentionally and unlawfully touched the genitals of the complainant, a child, thereby committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act. The complainant's age was proved by her birth certificate, and her identification of the appellant was consistent and credible. The medical evidence did not support recent penetration, but the complainant's testimo…
The High Court at Voi dismissed a criminal appeal challenging a 7-year sentence for dealing in elephant tusks without a permit, upholding the conviction.