Wachira v Republic (Criminal Appeal 36 of 2015) [2023] KECA 1235 (KLR) (6 October 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 1235
- Citation
- [2023] KECA 1235 (KLR)
- Decided
- 6 October 2023
The Court of Appeal quashed the appellant's conviction and set aside the sentence of death, finding that the identification parade was not properly conducted and that the conviction was not safe.
Facts
The appellant, Benson Gachanja Wachira, was convicted of robbery with violence in Narok County on October 6, 2012, and sentenced to death. He appealed to the High Court, which dismissed the appeal and upheld the conviction and sentence. Wachira then appealed to the Court of Appeal.
Issues
- Conviction and sentence of death
- Proper conduct of the identification parade
Reasoning
The Court found that the appellant was not properly identified during the identification parade, which was not conducted fairly. The Court held that the conviction was unsafe and set aside the death sentence.
Outcome
Quashed the conviction and set aside the sentence of death
Orders
- Quash the conviction and set aside the sentence of death
Remedies
- Set the appellant at liberty
Authorities cited
Legislation (1)
- Section 296(2) of the Penal Code
Cases cited (1)
- Samuel Kilonzo Musau v Republic (2014) eKLR
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