JOSEPH MUTUA KAVISI v REPUBLIC [2011] KEHC 4151 (KLR)
- Court
- High Court of Kenya
- Case number
- 4151
- Citation
- [2011] KEHC 4151 (KLR)
Summary at a glance
TypeCriminal AppealPostureAppeal from conviction and sentenceCoramMOHAMED IBRAHIM MAUREEN ODERO
The Appellant's conviction for robbery with violence is quashed due to the lack of a sound and reliable identification of the Appellant, and the subsequent death sentence is set aside.
Facts
The Appellant Joseph Mutua Kavisí was convicted of robbery with violence, and sentenced to death, for robbing Jackson Kakunza Nyamawi of 6000 US Dollars, 2,500 Euros, and Kshs.400,000.
Issues
- Whether the Appellant's conviction for robbery with violence was supported by a sound and reliable identification of the Appellant
- Whether the Appellant's conviction and sentence were supported by the evidence presented in court
Reasoning
The court found that the identification of the Appellant by the prosecution witnesses was neither sound nor reliable, due to inconsistencies and contradictions in the complainant's testimony.
Outcome
The Appellant's conviction and sentence are quashed.
Orders
- The Appellant is to be released forthwith unless otherwise lawfully held.
Authorities cited
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