David Langat Kipkoech & 2 others v Republic [2009] KECA 375 (KLR)
- Court
- Court of Appeal
- Case number
- 375
- Citation
- [2009] KECA 375 (KLR)
- Decided
- 6 March 2009
The 2nd and 3rd appellants' appeals are allowed, and they are set free. The 1st appellant's appeal is dismissed.
Facts
On December 29-30, 1999, B N and his wife J M were robbed at their Likia Farm house by armed attackers demanding a TV set, cassettes, and money. The attackers took mattresses, clothes, and other household goods, and forced PW2 and PW3 to carry them into the bush. The robbery was reported to Likia Police Station, and the 1st appellant was found wearing PW1's clothes and with stolen items.
Issues
- Whether the convictions and sentences of the 1st appellant were unsafe and should be quashed.
- Whether the 1st appellant's possession of stolen items shortly after the robbery was sufficient to convict him.
Reasoning
The court found the 1st appellant's possession of stolen items shortly after the robbery was sufficient to convict him, but the 2nd and 3rd appellants' appeals were allowed due to the lack of direct evidence.
Outcome
The 2nd and 3rd appellants are set free, and the 1st appellant's appeal is dismissed.
Orders
- 1st Appellant - David Lagat Kipkoech - Appeal dismissed.
- 2nd Appellant - Simon Kibet Korir - Appeal allowed.
- 3rd Appellant - Julius Terer Ngeny - Appeal allowed.
Authorities cited
Cases cited (2)
- R. VS. LOUGHLIN
- PETER KARIUKI KIBUE VS REPUBLIC
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