Daniel Muthomi M’arimi v Republic [2013] KECA 237 (KLR)
- Court
- Court of Appeal
- Case number
- 237
- Citation
- [2013] KECA 237 (KLR)
- Decided
- 3 October 2013
The court substituted the charge of robbery with violence with that of handling stolen goods, and convicted the appellant for the same. The sentence of death is set aside, and the appellant is sentenced to seven (7) years imprisonment.
Facts
The appellant was charged with robbery with violence, but the complainant testified that he was robbed of a mobile phone and cash by two young men. The appellant was found in possession of the phone and denied taking it.
Issues
- Whether the evidence was sufficient to convict the appellant of robbery with violence.
- Whether the trial court erred in shifting the burden of proof to the appellant.
Reasoning
The court found that the prosecution did not prove its case against the appellant for robbery with violence. The court substituted the charge with handling stolen goods and convicted the appellant accordingly.
Outcome
Appeal allowed, sentence of death set aside, substituted with seven (7) years imprisonment.
Orders
- Convict the appellant for handling stolen goods contrary to Section 322 (2) of the Penal Code.
Authorities cited
Legislation (2)
- Penal Code
- Evidence Act
Cases cited (1)
- PETER KARIUKI KIBUE VS REPUBLIC, CRIMINAL APPEAL NO. 21 OF 2001 AT NAIROBI (unreported)
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