Chogo v Republic (Criminal Appeal 185 of 2017) [2024] KECA 468 (KLR) (9 May 2024) (Judgment)

Facts

The appellant, Abisai Abwonza Chogo, was charged with robbery with violence, and was found guilty by the trial court. The High Court dismissed the first appeal.

Issues

1. The prosecution failed to prove its case beyond reasonable doubt.
2. The conviction was based on the evidence of a single witness.
3. There was an erroneous application of the doctrine of recent possession.
4. The defence was not considered.
5. The death sentence meted was illegal and contra to the Supreme Court decision in Francis Karioko Muruatetu and Another v R [2017] eKLR on the place of the death penalty available to the courts.

Reasoning

The court found that the prosecution had proved its case beyond reasonable doubt and that the conviction was based on sound evidence. The court also noted that the death sentence was legal and that the mandatory nature of the death sentence as provided for under section 204 of the Penal Code was declared unconstitutional, but the order did not disturb the validity of the death sentence in all the other capital offences that attract a mandatory death sentence.

Outcome

Appeal dismissed

Authorities cited