Abdi Gathana Kabinu & 2 others v Republic [1996] KECA 157 (KLR)
- Court
- Court of Appeal
- Case number
- 157
- Citation
- [1996] KECA 157 (KLR)
- Decided
- 14 November 1996
- Judges
- JE Gicheru, RO Kwach, AB Shah
- Parties
- raw · defendants · plaintiffs
The appellants' statements under inquiry were voluntary and admissible in evidence. The evidence of the pistol, spent cartridge case, and 12 Bore shot gun was sufficient to support the appellants' conviction for robbery with violence.
Facts
The appellants planned to rob a shop at Ontulili Forest Station on the night of 8th/9th June, 1981. They broke into the shop and took away K.Shs.500 and a wrist watch from the employee Patrick Mwangi Muriuki. The appellants were arrested and led to the recovery of a 12 Bore shot gun and a pistol.
Issues
- Whether the appellants' statements under inquiry were voluntary and admissible in evidence.
- Whether the evidence of the pistol, spent cartridge case, and 12 Bore shot gun was sufficient to support the appellants' conviction for robbery with violence.
Reasoning
The statements were repudiated by the appellants but the courts below held them to have been made voluntarily and therefore admissible in evidence. The evidence corroborated the statements and supported the conviction.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Penal Code
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