Jonathan Kiplimo v Republic [2018] KECA 539 (KLR)
- Court
- Court of Appeal
- Case number
- 539
- Citation
- [2018] KECA 539 (KLR)
- Decided
- 31 May 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a conviction and sentence of death for murderCoramE. M. Githinji, Hannah Okwengu, J. Mohammed
Holding
The appellant’s conviction was not safe, and the appeal is allowed. The appellant is set free unless otherwise lawfully held.
Facts
The deceased met his death on 23rd March, 2011 due to a stab injury to the heart and lungs. The main issue was who caused the injury. Six witnesses identified the appellant as the person who stabbed the deceased.
Issues
- whether the trial court erred in convicting the appellant on very weak circumstantial evidence
- whether the trial court erred in convicting the appellant based on recanted statements of witnesses
Reasoning
The court found that the evidence relied upon by the trial judge did not point irresistibly to the guilt of the appellant nor did it rule out the deceased having been injured by some other person. The retracted statements of witnesses and the inconsistent evidence were considered.
Outcome
Appeal allowed, conviction set aside, appellant set free
Orders
- Set aside the conviction and direct that the appellant shall be set free unless otherwise lawfully held
Authorities cited
Cases cited (2)
- Ndung’u Kimanyi vs Republic [1979] KLR 282
- Mwangi vs Republic [1983] KLR 522
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.
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