Wangari v Republic (Criminal Appeal 9 of 2016) [2024] KECA 477 (KLR) (9 May 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 477
- Citation
- [2024] KECA 477 (KLR)
- Decided
- 9 May 2024
The appeal against conviction is without merit and is hereby dismissed. The appeal against sentence is merited and partially succeed. Consequently, the death penalty as passed by the High Court is hereby set aside. The appellant is instead sentenced to serve 30 years in prison.
Facts
James Mathu Wangari was charged with murder and convicted along with his co-accused. The co-accused was acquitted. The prosecution's witnesses testified that Wangari forced the deceased to drink alcohol and then assaulted him.
Issues
- the case was not proved to the required standards
- the burden of proof was shifted to the appellant without the prosecution first discharging its burden
- the prosecution's case was marred with doubts, inconsistencies, contradictions, and discrepancies
- the trial court erred in disregarding the appellant's defence without giving reasons
Reasoning
The court accepted the appellant's invitation to review his sentence due to the change in constitutional law regarding the mandatory death penalty for murder. The court considered mitigating and aggravating circumstances and the emerging jurisprudence.
Outcome
Appeal against conviction dismissed, appeal against sentence partially successful
Orders
- The death penalty is set aside
- The appellant is sentenced to 30 years in prison
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (2)
- Francis Karioko Muruatetu & Another v. Republic (2017) eKLR
- Bernard Seneyo Letikirich v. Republic (2006) eKLR
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