The High Court upheld Duncan Kiverenge’s conviction for robbery with violence but set aside the death sentence, replacing it with 20 years’ imprisonment on each count.
The Court of Appeal allowed the second appeal, holding that the identification evidence was not tested with sufficient care and the conviction was unsafe.
The visual identification of the appellant as one of the assailants was not free from error due to the difficult circumstances at the scene of the crime (darkness/poor moonlight, uncertain distance of witnesses, inconsistent witness accounts regarding light intensity and events), creating doubt that should have been resolved in favor of the appellant. The conviction based solely on this unreliable identification was therefore unsafe and could not stand.
The High Court at Meru acquitted the accused of murder, finding the prosecution’s identification evidence unreliable and insufficient to prove guilt beyond reasonable doubt.
The High Court at Garissa convicted Brigit Kanana of manslaughter after substituting it for murder, finding no malice aforethought though death and causation were proved.
The court found that the prosecution proved all elements of robbery with violence beyond reasonable doubt. The identification of the appellant was positive, as both Pw1 and Pw2 recognized him after his mask was removed in a well-lit room. The discrepancies highlighted by the appellant were minor and did not go to the root of the prosecution's case, as they arose from a witness who was not present at the scene. The court held that there was no need for documentary proof of ownership of the stolen items, as the oral testimony was sufficient. The appellant's claim of violation of Article 50 was…
High Court appeal in a robbery with violence case. The court found the complainant and another witness had properly identified the respondent and set aside the acquittal.
The court found that the prosecution proved beyond reasonable doubt that the accused, Godwin Shikuku, caused the death of the deceased through an unlawful act, as established by the sequence of events, the testimony of PW1 and PW2, and the medical evidence. The court held that the circumstantial evidence formed a complete chain pointing to the accused's guilt, with no other reasonable explanation. The accused's denial of knowing the deceased or witnesses was found untruthful, especially given corroboration by multiple witnesses. The court further found that the accused acted with malice afore…
The court found that the prosecution proved beyond reasonable doubt that Rana Samuel Kurabu unlawfully caused the death of Kadzo Kazungu Masha with malice aforethought, constituting murder under Section 203 of the Penal Code. Key evidence included the postmortem report confirming death by haemorrhagic shock from stab wounds, and consistent eyewitness testimony from PW2 and PW3, who positively identified the accused as the perpetrator without possibility of mistaken identity. The witnesses knew the accused prior to the incident, and their accounts were uncontroverted by the defense. The court…
High Court partly allowed a robbery with violence appeal: it upheld count I, quashed count II, and reduced each appellant’s sentence from 15 to 10 years.