ELIAS MURIITHI MURIUKI & ANOTHER V REPUBLIC [2008] KEHC 2128 (KLR)
- Court
- High Court of Kenya
- Case number
- 2128
- Citation
- [2008] KEHC 2128 (KLR)
- Decided
- 28 April 2008
The identification evidence was not satisfactory and the evidence does not support the conviction of the charge as charged. The appeal is allowed, conviction and sentence are quashed, and the accused persons shall be set at liberty.
Facts
Dedan Kimathi Mutugi and Elias Muriithi Mutinda were arrested and charged with burglary and theft. The complainant, James Njenga Mbogo, reported that he heard voices and saw light outside his house, and his son identified the accused as the robbers. However, the prosecution did not find the stolen radio and there was no evidence of breaking into the house.
Issues
- Excessive sentence
- Unsatisfactory identification evidence
- Insufficiency of evidence for burglary
Reasoning
The court found the identification evidence unsatisfactory due to the dark night and lack of external security lights. There was no evidence of breaking into the house, and the stolen radio was not found with the accused.
Outcome
Appeal allowed, conviction and sentence quashed
Orders
- Quash conviction and set aside sentence
- Set accused persons at liberty
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