Lubanga & another v Republic (Criminal Appeal 63 of 2018) [2026] KECA 63 (KLR) (30 January 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 63
- Citation
- [2026] KECA 63 (KLR)
- Decided
- 30 January 2026
AI Summary
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TypeCriminal AppealPostureAppeal from the judgment of the High Court of Kenya at KerichoCoramJUDGE OF APPEAL, M. WARSAME, JUDGE OF APPEAL, J. MATIVO, JUDGE OF APPEAL, M. GACHOKA, C.Arb, FCIArb
Holding
The appeal against conviction fails, and the death sentence is upheld.
Facts
The appellants were charged with robbery with violence and handling stolen property. The complainant, Everlyne Bii, was robbed of various items during an attack on 16th September, 2012.
Issues
- Establishing the elements of robbery with violence
- Determining the validity of the death sentence
Reasoning
The prosecution proved its case beyond reasonable doubt, and the doctrine of recent possession was properly applied.
Outcome
Appeal dismissed
Authorities cited
Legislation (3)
- Section 296(2) of the Penal Code
- Section 322(2) of the Penal Code
- Section 111 of the Evidence Act
Cases cited (1)
- Republic v Joshua Gichuki Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 Others (Amicus Curiae), Petition E018 of 2023 [2024] KESC 34 (KLR)
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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