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LESHON LEKAKIO & ANOTHER v REPUBLIC [2007] KEHC 494 (KLR)

[2007] KEHC 494 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
494
Citation
[2007] KEHC 494 (KLR)
Decided
16 March 2007
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original conviction and sentenceCoramD. MUSINGA, L. KIMARU
Holding

Appeals dismissed; conviction and death sentence for robbery confirmed; defilement conviction upheld but sentence reduced to death.

Facts

On November 4, 2001, the appellants robbed a man named E K W and defiled a girl named D N K. The appellants were convicted and sentenced to death for robbery and 10 years in prison for defilement.

Issues

  1. Conviction based on identification evidence
  2. Recovery of stolen items
  3. Irregularity of police identification parade

Reasoning

The court found the identification evidence sufficient, despite the lack of recovered stolen items and the irregularity of the police identification parade. The court upheld the defilement conviction but reduced the sentence to death.

Outcome

Appeals dismissed

Orders

  • Conviction and death sentence for robbery confirmed
  • Defilement conviction upheld but sentence reduced to death

Authorities cited

Legislation (1)
  • Penal Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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