Wilfred Amenya Momanyi v Republic [2008] KECA 309 (KLR)
- Court
- Court of Appeal
- Case number
- 309
- Citation
- [2008] KECA 309 (KLR)
The charge is not defective. The appellant was properly convicted and sentenced to detention at the pleasure of the President.
Facts
On 23rd January, 2004, the appellant Wilfred Amenya Momanyi attempted to rob Margaret Wairimu Mwangi and wounded her at Jogoo Trading Centre in Nakuru District. The appellant was convicted of attempted robbery with violence and sentenced to death.
Issues
- Defectiveness of the charge due to discrepancy between the charge and evidence
- Appellant's age at the time of the offence
Reasoning
The evidence was accepted by the courts, and the appellant was convicted. The discrepancy between the charge and evidence was not prejudicial. The appellant's age was found to be under 18 years at the time of the offence, and the death sentence was therefore set aside.
Outcome
Appeal dismissed against conviction; sentence of death set aside and substituted with detention at the pleasure of the President.
Authorities cited
Legislation (2)
- Penal Code
- Criminal Procedure Code
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