Hamphrey Wanyama v Republic [2018] KECA 168 (KLR)
- Court
- Court of Appeal
- Case number
- 168
- Citation
- [2018] KECA 168 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal against conviction and sentenceCoramE. M. Githinji, Hannah Okwengu, J. Mohammed
Holding
The appeal against conviction is dismissed. The appeal against sentence is allowed, and the sentence of death is set aside and substituted with a sentence of 20 years imprisonment to run consecutively with the sentence he is now serving.
Facts
The appellant, Hamphrey Wanyama, was convicted of robbery with violence and sentenced to death. The High Court found the offence of robbery with violence was proved, and the appellant was sentenced to death.
Issues
- Conviction for robbery with violence
- Sentence of death
Reasoning
The court held that the offence of aggravated robbery with violence was proved, and the appellant was sentenced to death due to lack of discretion on sentence. Justice was met by an appropriate custodial sentence.
Outcome
Appeal against conviction dismissed, appeal against sentence allowed
Orders
- Sentence of death set aside
- Substitute sentence of 20 years imprisonment to run consecutively with the sentence he is now serving
Authorities cited
Legislation (2)
- Penal Code
- Supreme Court decision in Francis Karioko Muruatetu & Another v. Republic
Cases cited (1)
- William Okungu Kittiny v. Republic - Kisumu Criminal Appeal No. 56 of 2013
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…