Paul Vitalis Nyamu v Republic [2016] KEHC 2121 (KLR)

Facts

The Appellant was found with a panga and knife in Samburu trading centre, Samburu Location within Kwale County, with intent to commit robbery with violence.

Issues

1. whether the learned trial Magistrate erred in law and facts when convicting the Appellant
2. whether the learned trial Magistrate erred in law and facts when convicting the Appellant by fully relying on the fact that he was found in possession of the offensive weapon
3. whether the learned trial Magistrate erred in law and facts when convicting the Appellant by failing to consider that none of the alleged members of the public who arrested him appeared in court to give evidence
4. whether the learned trial Magistrate erred in law and facts in convicting the Appellant by failing to note that the prosecution evidence was full of contradictions

Reasoning

The court found insufficient evidence to prove the Appellant was preparing to commit a felony and that the arrest was not coupled with an overt act.

Outcome

Appeal allowed, conviction and sentence quashed

Authorities cited