Abraham Kipyego Mutai v Republic [2014] KEHC 7467 (KLR)

Facts

The Appellant was charged with incitement to violence under Section 96 of the Penal Code. The particulars of the offence were that on the 18th day of January, 2013 at Ndaptapwa Market Centre in Nandi County, the Appellant uttered to Henry Kiplimo Tendenei Rono that he had stolen votes and misappropriated CDF's funds, an act calculated to lead to causing violence.

Issues

1. Defective charge sheet
2. Denied a right to a fair hearing
3. Convicted on insufficient evidence

Reasoning

The court re-evaluated the evidence and found that the charge sheet did not contain the ingredients of the offence as set out under Section 14 of the Penal Code. The court also noted that the trial Magistrate erred in requesting for a probation officer's report before convicting the Appellant.

Outcome

Affirmed the conviction and sentence

Authorities cited