John Nakuchi v Republic [2005] KEHC 2152 (KLR)
- Court
- High Court of Kenya
- Case number
- 2152
- Citation
- [2005] KEHC 2152 (KLR)
- Decided
- 30 June 2005
The convictions on counts two and three are quashed due to doubts in the identification evidence and the charge of robbery being bad for duplicity. The sentence of death is set aside.
Facts
The appellant was convicted of three counts of robbery and one count of handling stolen goods. The robbery charges involved the theft of a jacket, cash, and a kiwi from three victims. The appellant was identified by two witnesses, but the evidence was contradictory.
Issues
- Identification evidence
- Contradictions in evidence
- Charge of handling stolen goods
- Charge of robbery
Reasoning
The convictions on counts two and three are quashed due to doubts in the identification evidence and the charge of robbery being bad for duplicity. The charge of handling stolen goods is not addressed in the judgment.
Outcome
The appeal is allowed, and the convictions and sentence are quashed.
Orders
- Quash the conviction on each of the three counts
- Set aside the sentence of death imposed on the appellant on each of the three counts
- Release the appellant from prison
Authorities cited
Legislation (2)
- Penal Code
- Section 296(2) of the Penal Code
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