Biketi v Republic (Criminal Appeal 95 of 2021) [2023] KECA 670 (KLR) (9 June 2023) (Judgment)

Facts

The appellant, Shadrack Barasa Biketi, was charged with robbery with violence and neglect to prevent the commission of a felony. The prosecution alleged that he was involved in a robbery at Appleton Resort on July 17, 2013, with the theft of various items and the threat of violence. The appellant was convicted and sentenced to death by the High Court, which was upheld by the High Court on appeal.

Issues

1. Whether the trial court erred in convicting the appellant of robbery with violence and neglect to prevent the commission of a felony.
2. Whether the High Court erred in upholding the conviction and sentence of death.

Reasoning

The court held that the evidence against the appellant was purely circumstantial and that the inculpatory facts were incompatible with the innocence of the accused and incapable of explanation upon any other hypothesis than the guilt. The court also noted that the appellant's disappearance from the scene was because he was part of the gang that undertook the robbery.

Outcome

Appeal dismissed in its entirety.

Authorities cited