Hemedi Suleiman v Republic [1987] KECA 65 (KLR)
- Court
- Court of Appeal
- Case number
- 65
- Citation
- [1987] KECA 65 (KLR)
We quash the conviction of the appellant on count 2 concerning Mr Khamis, but dismiss the appeal against conviction on count 1 concerning the robbery of the vehicle of Mr Latiff.
Facts
The appellant, Hemedi Suleiman, was convicted on two counts of robbery contrary to section 296(1) of the Penal Code. He was sentenced to 10 years' imprisonment and 10 strokes of corporal punishment for the first count, and 7 years' imprisonment and 5 strokes of corporal punishment for the second count.
Issues
- Whether the conviction on the second count should be quashed due to insufficient evidence.
- Whether the sentence on the second count should be reduced to 10 strokes of corporal punishment as ordered on the first count.
Reasoning
The court finds that the evidence was insufficient to convict the appellant on the second count, and that the conviction was based on non-directions by the trial court not considered by the High Court.
Outcome
Quashed conviction on count 2, dismissed appeal on count 1.
Orders
- Sentences on count 1 upheld.
- Sentences on count 2 reduced to 10 strokes of corporal punishment as ordered on count 1.
- Appellant to continue serving 10 years' imprisonment and 5 years' reporting order.
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