John Njeru Kathenya & Kathuru Kathenya v Republic [2015] KEHC 1724 (KLR)
- Court
- High Court of Kenya
- Case number
- 1724
- Citation
- [2015] KEHC 1724 (KLR)
- Decided
- 3 November 2015
The conviction for handling stolen property is quashed, and the appellants are found guilty of burglary and stealing. They are sentenced to 5 years in prison on each charge, to run concurrently.
Facts
The appellants were charged with burglary and stealing, and were convicted on an alternative charge of handling stolen property. The stolen items included a TV, knapsack sprayer, solar battery, DVD player, frying pan, thermos, bed sheets, maize, and a mobile phone.
Issues
- existence of a grudge between the appellants and PW2
- violation of fundamental rights
- failure to call vital witnesses
- adequacy of the sentence
Reasoning
The court found no evidence of a grudge between the appellants and PW2, and the prosecution's evidence was sufficient to prove the charges. The court also found that the appellants were found in possession of stolen property, which was positively identified.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Penal Code CAP 63 of the Laws of Kenya
- Criminal Procedure Code
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