kihiko v Republic [2004] KECA 108 (KLR)
- Court
- Court of Appeal
- Case number
- 108
- Citation
- [2004] KECA 108 (KLR)
- Decided
- 21 September 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the High Court judgmentCoramR. S. C. OMOLO, E. O. O’KUBASU, E. M. GITHINJI
Holding
The appeal is allowed, the conviction and sentence of death are set aside, and the appeal is directed to be re-heard by a bench of two judges.
Facts
The appellant was originally convicted of robbery contrary to section 296 (1) of the Penal Code, but the High Court judge revised the conviction to robbery with violence contrary to section 296 (2) of the Penal Code.
Issues
- Appeal procedure
- Conviction and sentence
Reasoning
The High Court practice is that appeals should be heard by two judges unless the Chief Justice directs otherwise. The single judge's hearing was in error.
Outcome
Appeal allowed, conviction and sentence set aside
Orders
- Re-hearing by a bench of two judges
- Appellant to continue serving the sentence imposed by the trial magistrate
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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