Lemongen Lekomoisa & another v Republic [2005] KEHC 2282 (KLR)
- Court
- High Court of Kenya
- Case number
- 2282
- Citation
- [2005] KEHC 2282 (KLR)
- Decided
- 29 June 2005
The 2nd appellant’s appeal is allowed in its entirety, and the 1st appellant’s appeal is allowed with respect to retrial.
Facts
Lemongen Lekomoisa and Tiwa Lebulukash were tried and convicted of robbery with violence. The 1st appellant was found guilty on counts 1, 2, and 3, while the 2nd appellant was acquitted on count 1 and found guilty on counts 2 and 3.
Issues
- Insufficiency of evidence
- Identification parade reliability
- Prosecutor qualification
- Stolen property possession
Reasoning
The court found insufficient evidence to support the conviction of the 2nd appellant and ordered his release. The court allowed the 1st appellant’s appeal and ordered a retrial.
Outcome
The 2nd appellant’s conviction and sentence are quashed. The 1st appellant’s convictions on counts 1, 2, and 3 are quashed, and the sentences are set aside. The case against the 1st appellant is ordered to go back for retrial.
Orders
- The 2nd appellant is released from prison.
- The 1st appellant’s convictions and sentences are quashed.
- The case against the 1st appellant is ordered to go back for retrial in the Principal Magistrate’s Court at Isiolo with a different magistrate hearing the case.
Remedies
- Quashing of convictions and sentences
- Order for retrial
Authorities cited
Legislation (2)
- Criminal Procedure Code (C.P.C.)
- Judges' Rules
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