Martin Muremi Mugo v Republic [2016] KEHC 2490 (KLR)

Facts

Mary Wanjiru (Mary) left her home with a padlock at 8:00 a.m. on November 16, 2015. Martin Muremi Mugo (appellant) visited Mary at 3:00 p.m. and informed her that he had left money in Mary's house. He said he would break the padlock and replace it with a new one. Mary was handed the key by Hanna Wairimu, who had been instructed by Gladys Nyambura (PW2). Mary returned home at 10:00 p.m. and found her money missing. The appellant sent a text message promising to return the money.

Issues

1. whether the appellant's conviction and sentence were based on false evidence
2. whether the prosecution failed to call an eye witness to testify

Reasoning

The trial court's finding that the appellant was linked to the breaking-in and theft by Gladys, who was well known to him, is upheld. The evidence corroborated by the text message is considered valid. The appellant did not submit on sentencing, and the court upholds the trial court's sentence.

Outcome

Appeal dismissed

Authorities cited