High Court dismissed a robbery-with-violence appeal, finding the appellant was properly identified and found with the stolen motorcycle and gave no credible explanation.
The court found that the prosecution's evidence, particularly the recovery of five litres of transformer oil from the appellant's house upon his arrest, was sufficient to prove the offence under section 169(1)(c) of the Energy Act. The appellant's defence was considered an afterthought and did not displace the prosecution's case. The court held that the failure to call the informant or arresting officer was not fatal, as the evidence presented was corroborative and adequate. The sentence of eight years' imprisonment was within the statutory limits, considering the seriousness of the offence a…
The High Court upheld a robbery with violence conviction and 25-year sentence, finding the appellant’s unexplained possession of the deceased’s phones proved guilt by circumstantial evidence.
The High Court at Mombasa convicted Paul Johnson Museveni of murder, relying on circumstantial evidence, recent possession of the deceased’s items, and concealment of the body.
Kemboi & another v Republic [2023] KEHC 24802 (KLR)
Court
High Court
Case number
Criminal Appeal E014 of 2022
Judge
JR Karanja
High Court appeal over vandalism of energy infrastructure. Conviction was upheld on circumstantial evidence, but the original sentence was reduced to two years’ imprisonment each.
Otieno alias Felo v Republic [2023] KEHC 23874 (KLR)
Court
High Court
Case number
Criminal Revision E065 of 2023
Judge
RE Aburili
The High Court declined to revise a three-year sentence for possession of suspected stolen goods, finding the applicant unsuitable for a non-custodial sentence.
The court found that the prosecution failed to prove beyond reasonable doubt that the appellant vandalized the transformer, as there was no direct evidence or eyewitness testimony linking him to the act. The conviction on the first count of vandalism was therefore set aside. However, the court held that the conviction on the second count of stealing energy equipment was lawful, as the appellant and his co-accused were found in possession of recently stolen specialized electricity transmission items in the vehicle they had traveled in from Nairobi, and they were unable to provide a credible ex…
The High Court dismissed an application to review a two-year sentence for possession of suspected stolen property, finding no illegality or impropriety in the sentence.