The High Court upheld convictions for assaulting a police officer, resisting arrest, and malicious damage, but reduced the aggregate sentence to time served.
The High Court declined to revise a custodial sentence, finding no good cause to interfere because mitigation and rehabilitation had already been considered.
The High Court upheld Victor Kiplangat Ngeno’s conviction for assaulting a police officer but reduced his seven-year sentence to three years imprisonment.
The High Court declined to interfere with a sentence review after a guilty plea to several offences, noting the probation report did not support non-custodial sentencing.
The court found that the prosecution's evidence was consistent and credible, establishing beyond reasonable doubt that the appellant was in actual physical possession of 55 sachets of heroin, a narcotic drug, and that he resisted arrest by police officers acting in the course of their duties. The appellant's defence was considered an afterthought and did not raise any reasonable doubt as to the prosecution's case. The trial court's discretion in sentencing was properly exercised, and there were no grounds to interfere with the sentences imposed. Consequently, the appeal lacked merit and was d…
High Court criminal appeal partly allowed: some convictions were upheld, but the resisting arrest count was quashed and fines were reduced for a first offender.
The High Court found that the evidence on record did not support the offences of robbery with violence and resisting lawful arrest. The identification evidence was contradictory and insufficient, and the prosecution failed to prove these charges beyond reasonable doubt. However, the offence of malicious damage to property was proved to the required standard. The court quashed the convictions and sentences for counts one and two, and upheld the conviction for count three. The court further ordered that the sentence for malicious damage to property should run from the date of arrest, April 20,…
The High Court affirmed Stephen Mwangi’s conviction for resisting arrest but reduced his sentence, finding the guilty plea unequivocal and the original fine too harsh.