Zacharia Kimeu Samson & nother v Republic [2020] KECA 565 (KLR)

Facts

On 10th October, 2005, Zacharia Kimeu Samson and Kennedy Thuku Peter, along with eight others, attacked two complainants at Biafra Estate, stealing personal documents, an engagement ring, money, and a mobile phone. During the robbery, Peter was stabbed on the thigh. The appellants were identified in an identification parade conducted the same night.

Issues

1. identification parade conducted below the required standard
2. violation of section 150 of the Criminal Procedure Code
3. case not proven beyond reasonable doubt
4. denial of right to counsel

Reasoning

The court found that the identification parade was conducted properly and that the case was proven beyond reasonable doubt. The death sentence was set aside due to the appellants being first offenders and the severity of the injury to the complainant.

Outcome

Appeal dismissed on conviction, death sentence set aside, substituted with a custodial sentence of 20 years.

Authorities cited