Francis Simiyu v Republic [2020] KECA 796 (KLR)
- Court
- Court of Appeal
- Case number
- 796
- Citation
- [2020] KECA 796 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureSecond and last appealCoramASIKE-MAKHANDIA, P. O. KIAGE, ODEK, JUDGE OF APPEAL
Holding
The appeal against conviction fails and the death sentence is set aside. The appellant is sentenced to 30 years imprisonment.
Facts
Francis Simiyu and Terry Goretti Wasike were charged with robbery with violence. They were found guilty and sentenced to death. The appellant appealed against both conviction and sentence.
Issues
- Whether the evidence against the appellant was proved beyond reasonable doubt.
- Whether the death sentence was constitutional and should be reduced to a term of imprisonment.
Reasoning
The evidence against the appellant was overwhelming and his guilt was proved beyond reasonable doubt. The death sentence is no longer mandatory post-MURUATETU and the appellant's youth and time in custody are considered.
Outcome
Appeal against conviction dismissed, death sentence set aside, substituted with 30 years imprisonment.
Orders
- Death sentence set aside
- Substitute sentence of 30 years imprisonment
Authorities cited
Legislation (2)
- Penal Code
- Constitution of Kenya 2010
Cases cited (5)
- Francis Muruatetu & Another vs. Republic (2017) eKLR
- Francis Karioko Muriatetu & Anor vs. Republic (2017) eKLR
- Oluoch vs. Republic (1985) KLR
- Wamunga vs. Republic (1989) KLR
- Maitanyi vs. Republic (1986) KLR
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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