STEPHEN NAMISI DAVID & 3 others v REPUBLIC [1998] KEHC 23 (KLR)
- Court
- High Court of Kenya
- Case number
- 23
- Citation
- [1998] KEHC 23 (KLR)
- Decided
- 30 September 1998
The 1st appellant's conviction and sentence are quashed, and he is set free. The 2nd, 4th, and 5th appellants' convictions are upheld, and they are sentenced to ten years imprisonment with 4 strokes corporal punishment.
Facts
On August 15, 1992, the complainant Patrick Gatheny Gathua was robbed with violence by a gang of three men, including the appellants, who demanded money and keys from him.
Issues
- Conviction and sentence of the 1st appellant
- Convictions and sentences of the 2nd, 4th, and 5th appellants
Reasoning
The court allowed the 1st appellant's appeal and quashed his conviction due to insufficient evidence. The 2nd, 4th, and 5th appellants' convictions were upheld as there was sufficient evidence to prove their involvement in the robbery.
Outcome
The 1st appellant is set free, and the 2nd, 4th, and 5th appellants are sentenced to ten years imprisonment with 4 strokes corporal punishment.
Orders
- Quash the conviction and sentence of the 1st appellant
- Set aside the sentence of death for the 2nd, 4th, and 5th appellants
- Sentence the 2nd, 4th, and 5th appellants to ten years imprisonment with 4 strokes corporal punishment
Authorities cited
Legislation (1)
- Penal Code
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