WILLIAM DUBI IKIWO v REPUBLIC [2001] KEHC 399 (KLR)
- Court
- High Court of Kenya
- Case number
- 399
- Citation
- [2001] KEHC 399 (KLR)
The conviction and sentence for the offences under Section 105(b) are set aside, and the appellant is acquitted. The convictions and sentences for the offences under Section 302 are upheld.
Facts
The appellant was charged with two offences under Section 105(b) of the Penal Code (personating a police officer) and two counts under Section 302 of the Penal Code (demanding property with menaces). The appellant was convicted and sentenced for the offences under Section 105(b) but acquitted for the offences under Section 302.
Issues
- Whether the charge of personating a police officer under Section 105(b) of the Penal Code is valid.
- Whether the offences under Section 302 of the Penal Code are properly charged and proved.
Reasoning
The charge of personating a police officer under Section 105(b) is found to be non-existent and defective. The offences under Section 302 are found to be properly charged and proved.
Outcome
Appeal successful in counts 1 and 3, unsuccessful in counts 2 and 4.
Orders
- Convictions and sentences for counts 1 and 3 are set aside.
- Convictions and sentences for counts 2 and 4 are upheld.
Authorities cited
Legislation (2)
- Penal Code
- Criminal Procedure Code
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