CHACHA DANIEL CHACHA v REPUBLIC [2012] KEHC 5877 (KLR)
- Court
- High Court of Kenya
- Case number
- 5877
- Citation
- [2012] KEHC 5877 (KLR)
- Decided
- 27 September 2012
The conviction of the appellant on the basis of the uncorroborated evidence was not safe. Accordingly, the conviction and sentence are quashed and the appellant is set at liberty.
Facts
The appellant, Chacha Daniel Chacha, was charged with possession of ammunition and narcotics. He pleaded guilty to the second count and was convicted and sentenced to one year imprisonment. He pleaded not guilty to the first charge and was convicted to five years imprisonment. The appeal was filed due to dissatisfaction with the conviction and sentence.
Issues
- The evidence of PW2 was not corroborated.
- The police officers who recovered the ammunition were not called to testify.
- The ballistic expert's report was not properly produced in court.
- The court ignored the sour familial relationship between the appellant and PW2 which could have led to a frame-up of the appellant.
Reasoning
The court found that the appellant had raised an issue which would affect the credibility of PW2's testimony, and that the evidence required corroboration. The court rejected the excuse given by the prosecution for not calling the police officers who recovered the ammunition.
Outcome
Quashed conviction and sentence
Orders
- Quash the conviction and set aside the sentence
- Set the appellant at liberty
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