Evans Orito v Republic [2018] KEHC 1565 (KLR)
- Court
- High Court of Kenya
- Case number
- 1565
- Citation
- [2018] KEHC 1565 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from conviction, judgment and sentences of the appellant herein by Hon. S.N. Lutta (SPM) on 9 th day of March 2018 in Kisii Principal Magistrate’s Court Criminal Case No. 1740 of 2017CoramR. E. OUGO
Holding
The conviction of robbery with violence is quashed and the death sentence is set aside. The appellant is found guilty of assault causing actual bodily harm.
Facts
On 28.12.2015, Mishael Monari was assaulted by Evans Orito and others, who took his mobile phone and wallet. Orito was arrested on 28.07.2017.
Issues
- Whether the appellant was sufficiently identified as the person who attacked Pw1.
- Whether the ingredients of the offence of robbery with violence were proven beyond reasonable doubt.
Reasoning
The evidence did not prove a charge of robbery with violence, but the assault causing bodily harm was established.
Outcome
The conviction of robbery with violence is quashed and the death sentence is set aside. The appellant is found guilty of assault causing actual bodily harm.
Orders
- The death sentence is set aside.
- The appellant is convicted of assault causing actual bodily harm and is sentenced to pay a fine of Kshs. 50,000/- or serve 12 months in jail from the date of conviction.
Authorities cited
Legislation (2)
- Section 296 (2) of the Penal Code
- Section 251 of the Penal Code
Cases cited (3)
- Wamunga v Republic [1989] KLR 424
- Simon Materu Munialu vs Republic Criminal Appeal 302 of 2005 [2007] eKLR
- Erick Amwata Onono v Republic Criminal Appeal No. 17 of 2015 (2016) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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