Simon Karanja Wainaina v Republic [2017] KEHC 8244 (KLR)

Facts

Petitioner was initially acquitted of robbery charges in case number 476 of 2004 but was re-arrested and charged with the same offence in case number 2088 of 2004. He was convicted and sentenced in both cases.

Issues

1. Petitioner's right to a fair trial under Article 22(1) of the Constitution
2. Petitioner's right to be presumed innocent until proven guilty under Article 48 of the Constitution
3. Petitioner's right to a speedy trial under Article 50(1) of the Constitution
4. Petitioner's right to be tried by a jury under Article 35(a) of the Constitution
5. Petitioner's right to a fair and public hearing under Article 25(c) of the Constitution
6. Petitioner's right to be presumed innocent until proven guilty under Article 47(1) of the Constitution
7. Petitioner's right to a fair trial under Article 27(1) of the Constitution
8. Petitioner's right to a fair trial under Article 258(1) of the Constitution
9. Petitioner's right to a fair trial under Article 310 of the Criminal Procedure Code
10. Petitioner's right to a fair trial under Article 87(a) of the Criminal Procedure Code
11. Petitioner's right to a fair trial under Article 138 of the Evidence Act

Reasoning

The court found that the petitioner's claims were not supported by the evidence and that the trial was conducted in accordance with the law.

Outcome

Petition dismissed

Authorities cited