Charles Omondi & James Ngamau Kimani v Republic [2014] KEHC 159 (KLR)
- Court
- High Court of Kenya
- Case number
- 159
- Citation
- [2014] KEHC 159 (KLR)
- Decided
- 18 July 2014
The 1st Appellant’s appeal is partially successful on Count II and the appeal on Count 1 is found to be lacking in merit. The 2nd Appellant’s appeal is found to be meritorious and is hereby allowed in its entirety.
Facts
The 1st and 2nd appellants were charged with robbery with violence and possession of a firearm. The prosecution alleged that the 1st appellant was one of the robbers and that the 2nd appellant was present at the scene.
Issues
- Whether the 1st Appellant was positively identified through an Identification Parade and whether the parade conducted was flawed?
- Whether the element of possession of a firearm, its propriety and usage had been proved beyond reasonable doubt by the prosecution?
- Whether the prosecution established common intention?
Reasoning
The court found the identification parade to be valid and the 1st appellant to be positively identified. The court also found the prosecution failed to prove the element of possession and common intention.
Outcome
The 1st Appellant’s conviction on Count I is upheld, and the 2nd Appellant’s conviction on Count II is quashed.
Orders
- The 1st Appellant’s conviction on Count I is upheld.
- The 2nd Appellant’s conviction on Count II is quashed and the 2nd Appellant is set at liberty.
Remedies
- The 2nd Appellant is set at liberty.
Authorities cited
Legislation (2)
- Penal Code
- Firearms Act
Cases cited (2)
- Okeno V. Republic (1972) EA 32
- Bukenya & Anor V. Republic (1972) EA 549
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