Barisa v Republic (Criminal Appeal 60 of 2022) [2024] KECA 219 (KLR) (1 March 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 219
- Citation
- [2024] KECA 219 (KLR)
- Decided
- 1 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the High CourtCoramGV ODUNGA, A. K. MURGOR
Holding
The appeal on conviction is dismissed, and the death sentence is set aside and substituted with a 40-year imprisonment sentence.
Facts
The appellant was charged with four counts of murder, and was found guilty on the second count. The prosecution presented 13 witnesses, all survivors of the attack, who testified about the appellant's involvement in the killings.
Issues
- Whether the appellant's alibi defense was properly considered and accepted by the trial court.
- Whether the mandatory nature of the death sentence under section 204 of the Penal Code is unconstitutional.
Reasoning
The alibi defense was properly considered and the prosecution's evidence was sufficient to displace it. The mandatory nature of the death sentence is declared unconstitutional, and the sentence is therefore set aside.
Outcome
Appeal dismissed, sentence reduced to 40 years imprisonment.
Orders
- Death sentence set aside
- Substitute sentence of 40 years imprisonment
Authorities cited
Legislation (2)
- Penal Code
- Constitution of Kenya
Cases cited (2)
- Ganzi & 2 Others vs. Republic
- Francis Karioko Muruatetu & Another vs. Republic
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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