WILLIAM NDUBI IKIAO ALIAS BENSON MAKORI vs REPUBLIC [2003] KEHC 150 (KLR)
- Court
- High Court of Kenya
- Case number
- 150
- Citation
- [2003] KEHC 150 (KLR)
The conviction is quashed due to the appellant's identification as a police officer being admissible and the prosecution failing to call a material witness.
Facts
PW.1, the Managing Director of United East Africa Warehousing Ltd, met the appellant, who claimed to be a Senior Superintendent of Police, in his office on April 6, 2000. The appellant showed PW.1 a police card and claimed to be investigating a matter concerning PW.1's management of Consolidated Warehouses Ltd.
Issues
- Whether the appellant's identification as a police officer was admissible as evidence
- Whether the prosecution failed to call a material witness, leading to an adverse inference
Reasoning
The court held that the appellant's identification as a police officer was admissible and that the prosecution failed to call a material witness, leading to an adverse inference. The investigation and prosecution were poorly carried out, and the charge was not proved beyond reasonable doubt.
Outcome
The conviction is quashed, and the sentence is set aside.
Orders
- The appellant is released from prison custody unless otherwise lawfully held.
Authorities cited
Cases cited (1)
- NG'ANG'A V. REPUBLIC (1981) KLR 483
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