CHIRO SONJE MBAGA v REPUBLIC [2010] KECA 443 (KLR)
- Court
- Court of Appeal
- Case number
- 443
- Citation
- [2010] KECA 443 (KLR)
- Decided
- 22 January 2010
The conviction for robbery with violence is quashed and the appellant is found guilty of assault causing actual bodily harm. The death sentence is set aside and substituted by a five-year imprisonment.
Facts
The appellant, Chiro Sonje Mbaga, was charged with robbery with violence. He was identified as the leader of a group that attacked Omar Mwinyi, a worker, and took his money and documents.
Issues
- Whether the appellant had a fair hearing before the subordinate court
- Whether the evidence satisfied the ingredients of robbery with violence as per section 296(2) of the Penal Code
Reasoning
The court found that the evidence did not satisfy the ingredients of robbery with violence, as there was no mention of a robbery in the reports and witnesses did not mention the taking of money. The assault caused actual bodily harm was sufficient.
Outcome
The conviction for robbery with violence is quashed and the appellant is found guilty of assault causing actual bodily harm.
Orders
- The death sentence is set aside and substituted by a five-year imprisonment
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
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