ALEX MUKARIA MUGAMBI & ANOTHER v REPUBLIC [2007] KEHC 1310 (KLR)

Facts

The complainant was robbed by two strangers on December 19, 2003. The complainant identified one of the attackers as the second appellant, who was armed with an iron bar. The complainant and his wife claimed the second appellant hit him on the head, while the police officer stated the complainant was bleeding on his forehead. The complainant's wife denied witnessing the robbery.

Issues

1. The learned trial magistrate erred in law and fact in finding the charge of robbery with violence proved.
2. The learned trial magistrate erred in law and fact in relying on exhibits produced in court to support the conviction.
3. The learned trial magistrate erred in law and fact in failing to find the evidence of the prosecution full of contradictions.
4. The Appellants' defences were not duly considered.

Reasoning

The Appellants had no intention of robbing the complainant but were demanding payment of their debt and in the process used force. Since no theft was proved, the learned trial magistrate should have found the offence charge unproved.

Outcome

The conviction for robbery with violence is set aside and a conviction for assault is substituted.

Authorities cited