SOSPETER MAYENGA AMENYA v REPUBLIC [2010] KEHC 3802 (KLR)
- Court
- High Court of Kenya
- Case number
- 3802
- Citation
- [2010] KEHC 3802 (KLR)
Summary at a glance
TypeCriminal AppealPostureAppeal from a conviction and death sentence for robbery with violence and murderCoramA.O. Muchelule
We allow the appeal, quash the conviction and set aside the death sentence.
Facts
The appellant was charged with robbery with violence and murder. The prosecution alleged that the appellant and others robbed and murdered a man named Thomas Oketch on February 19, 2007.
Issues
- Whether the dying declaration of the deceased can be sufficient evidence to found a conviction in the absence of other evidence that tends to incriminate the appellant.
- Whether the appellant was the exact person referred to by the deceased in his dying declaration.
Reasoning
The court held that the dying declaration alone was not sufficient evidence to convict the appellant, as there was no other evidence connecting him to the robbery.
Outcome
The conviction and death sentence are quashed, and the appellant is set at liberty.
Orders
- Quash the conviction and set aside the death sentence.
- Set the appellant at liberty.
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