Simon Choper v Republic [2016] KEHC 6301 (KLR)

Facts

The appellant Simon Choper was charged with forcible detainer contrary to section 91 of the penal code for occupying Plot No.11, which was owned by Abdizirak Abdullahi Alin. The prosecution alleged that the appellant was in possession of the land in a manner likely to cause a breach of the peace, and the appellant was convicted and sentenced to two years imprisonment.

Issues

1. Whether the trial magistrate erred in law and fact in invoking criminal jurisdiction in a civil dispute over ownership of land.
2. Whether the trial magistrate failed to analyse the evidence and give reasons for his decision.
3. Whether the trial magistrate was biased against the appellant for electing not to say anything in his defence.
4. Whether the prosecution proved the offence and shifted the burden of proving innocence to the appellant.
5. Whether the sentence of two years imprisonment was excessive.

Reasoning

The court found that the appellant was in possession of the land and the prosecution proved the offence. The court also noted that the appellant did not bear the burden of proving his right to occupy the land. The court reduced the sentence due to the appellant being a first offender and the substantial part of the sentence already served.

Outcome

The conviction was upheld, but the sentence was reduced.

Authorities cited