Gachanja & 7 others v Republic (Criminal Appeal 51 of 2004) [2011] KECA 402 (KLR) (20 May 2011) (Judgment)
- Court
- Court of Appeal
- Case number
- 402
- Citation
- [2011] KECA 402 (KLR)
- Decided
- 20 May 2011
The appeal by the first appellant Elizabeth Gitiri Gachanja is allowed, her conviction is quashed and the sentence of death set aside. The appeals of the second, third, fourth, fifth, sixth, seventh, and eighth appellants are dismissed.
Facts
The appellants were accused of murder and were identified through identification parades. Circumstantial evidence was used to link them to the crime.
Issues
- Whether the relevant Police Force Standing Orders were complied with in conducting the identification parades.
- Whether the circumstantial evidence relied on was enough to justify the inference of guilt of the accused persons.
- Whether a conviction could rightly be based on uncorroborated retracted confessions by co-accused.
Reasoning
The court found that the identification parade was not well organized, but this did not affect the case. The circumstantial evidence was not strong enough to justify the inference of guilt. The court also found that the co-accused's retracted confessions were not credible.
Outcome
The appeal by the first appellant is allowed, her conviction is quashed and the sentence of death set aside. The appeals of the second, third, fourth, fifth, sixth, seventh, and eighth appellants are dismissed.
Orders
- The appeal by the first appellant Elizabeth Gitiri Gachanja is allowed.
- Her conviction is quashed and the sentence of death set aside.
- The appeals of the second, third, fourth, fifth, sixth, seventh, and eighth appellants are dismissed.
Remedies
- Set at liberty unless otherwise lawfully held.
Loading judgment…