Farah Hussein Ali Hayanesh v Republic [2016] KEHC 6702 (KLR)

Facts

The appellant was charged with six counts of robbery with violence and possession of a firearm without a certificate. He was convicted of counts 1 and 2 and sentenced to death, but the sentence was reduced to life due to the appellant's single life. The appellant appealed, alleging defects in the charge, inconsistencies in the evidence, and incorrect identification.

Issues

1. Whether the charge was defective.
2. Whether the identification of the appellant was positive.
3. Whether the evidence was inconsistent and contradictory.
4. Whether the identification parade was conducted properly.

Reasoning

The court found the charge to be not defective, but the evidence on identification was insufficient to prove the appellant's guilt beyond reasonable doubt. The identification parade was conducted improperly, and the evidence was not detailed enough to conclusively identify the appellant as the robber.

Outcome

Appeal successful, conviction and sentence quashed, appellant set at liberty

Authorities cited