Nyongesa Makokha Sirengo v Republic [2015] KECA 90 (KLR)

Facts

The appellant was convicted of robbery with violence and theft of a motorcycle. The prosecution alleged that the appellant hired a motorcycle from the complainant, took it, and later sold it to another person. The appellant was sentenced to death for robbery and five years for theft.

Issues

1. Whether the appellant's constitutional right to a fair trial under Article 50 of the Constitution was violated due to lack of legal representation.
2. Whether the testimony of PW9 should have been excluded due to the appellant not having his witness statement in advance.

Reasoning

The Court held that the appellant was not denied legal representation as he conducted his own defence and cross-examined witnesses. The Court also stated that the denial of legal representation did not result in substantial injustice.

Outcome

Affirmed the conviction and sentence.

Authorities cited