DANSON MUIRURI MUTURI vs REPUBLIC [2002] KEHC 352 (KLR)
- Court
- High Court of Kenya
- Case number
- 352
- Citation
- [2002] KEHC 352 (KLR)
- Decided
- 25 February 2002
The convictions for Robbery, contrary to section 296(1), P.C. are substituted for the robberies, and the death sentences are set aside. The appellant is sentenced to 41⁄2 years imprisonment on each of the two counts to run concurrently with effect from 17th September, 1999 plus one stroke on each count.
Facts
The appellant was convicted of robbing two complainants on the night of 15th November, 1998. The 1st complainant was robbed of Shs.3,500/= cash and a radio cassette, while the 2nd complainant was robbed of a torch, a pair of shoes, a long trouser, a coat, and Sh.2,000/= cash.
Issues
- Request to substitute the convictions for Robbery, contrary to section 296(1), P.C.
- Request for remission for robbery sentence
Reasoning
The request for substitution is granted due to the nature of the robberies and the lack of medical evidence on the classification of injuries.
Outcome
Appeal granted
Orders
- Convictions for Robbery, contrary to section 296(1), P.C. substituted for the robberies
- Death sentences set aside
- Sentenced to 41⁄2 years imprisonment on each of the two counts to run concurrently with effect from 17th September, 1999 plus one stroke on each count
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