Joseph Muriuki Wachira v Republic [2017] KEHC 2816 (KLR)
- Court
- High Court of Kenya
- Case number
- 2816
- Citation
- [2017] KEHC 2816 (KLR)
- Decided
- 13 October 2017
The appellant’s appeal is allowed in part only to the extent that his conviction on the 4th and 5th counts is quashed and sentences set aside. His appeal against the conviction and sentence on the 1st, 2nd and 3rd counts is dismissed.
Facts
The appellant and one Stephen Marete Muriithi were charged with three counts of robbery with violence and two counts of being in possession of a firearm without a valid certificate. The appellant was convicted of all five counts and sentenced to death on the first count.
Issues
- whether the trial magistrate erred in law by failing to hold that section 214 of the Criminal Procedure Code was not complied with
- whether the trial magistrate erred in law and in fact by failing to hold that none of the prosecution witnesses ever identified the alleged robbers
- whether the trial magistrate erred in law and in fact by failing to hold that there were glaring material contradictions in the evidence of the prosecution witnesses
Reasoning
The evidence against the appellant was sufficient to prove his guilt on all three counts of robbery with violence. The appellant’s alibi was inconsistent and his defence did not create any doubt in the prosecution case.
Outcome
Appeal allowed in part, conviction on 4th and 5th counts quashed and sentences set aside.
Orders
- Conviction on 1st, 2nd, and 3rd counts upheld.
- Conviction on 4th and 5th counts quashed and sentences set aside.
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