BONIFACE WANGAI WANJIRU V REPUBLIC [2012] KEHC 898 (KLR)
- Court
- High Court of Kenya
- Case number
- 898
- Citation
- [2012] KEHC 898 (KLR)
- Decided
- 1 November 2012
The appeal is allowed on the issue of the elements of robbery with violence not being proved. The conviction is dismissed, and the sentence is quashed and set aside. A term of ten years on both counts to run concurrently is substituted.
Facts
The appellant was charged with two counts of robbery with violence. The first count involved Elizabeth Wangui Gachuiri on November 5, 2009, and the second count involved Rose Waigumo Chiira on November 18, 2009. The appellant was convicted and sentenced to death.
Issues
- Whether the appellant was prejudiced by being charged with two counts on the same dates.
- Whether the elements of robbery with violence were proved.
Reasoning
The court found that the elements of robbery with violence were not proved, and the evidence was sufficient to convict the appellant for robbery under section 295 and 296(1) of the Penal Code.
Outcome
Appeal allowed, conviction and sentence quashed
Orders
- Conviction dismissed
- Sentence quashed and substituted with a term of ten years on both counts to run concurrently
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
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