Anthony Ndwiga & another v Republic [2013] KEHC 6966 (KLR)

Facts

The appellants were charged with robbery with violence, and were convicted and sentenced to death. The prosecution alleged that the appellants robbed Anthony Njiru Obadia of Kshs. 15,000 and other items, and used actual violence against him.

Issues

1. The learned magistrate erred in law and facts when she failed to consider the appellants' plea of not guilty.
2. The learned magistrate erred in law by failing to consider the 2nd appellant's constitutional rights.
3. The learned magistrate erred in law by failing to consider the prosecution's evidence.
4. The learned magistrate erred in law by failing to consider the charge sheet.
5. The learned magistrate erred in law by failing to consider the evidence of a single eye witness.
6. The learned magistrate erred in law by failing to consider the identification parade.
7. The learned magistrate erred in law by failing to consider the prosecution's case based on inconsistencies and uncorroborated evidence.

Reasoning

The court found that the prosecution's case was based on inconsistencies and uncorroborated evidence, and that there was no corroboration in the prosecution evidence. The court also noted that the identification parade was invalid due to the lack of corroboration.

Outcome

The conviction and sentence are quashed, and the appellants are set free.

Authorities cited