Republic v Kibon Kibelion [2018] KEHC 3756 (KLR)
- Court
- High Court of Kenya
- Case number
- 3756
- Citation
- [2018] KEHC 3756 (KLR)
- Decided
- 4 October 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a conviction and sentenceCoramJOEL NGUGI
Holding
The confession is inadmissible as it was not voluntarily made and the accused was not informed of his rights.
Facts
The accused, Kibon Kibelion, was charged with murder. He confessed to the crime at the police station, but his confession was challenged as involuntary.
Issues
- Whether the accused's confession was voluntarily made
- Whether the confession was admissible as evidence
Reasoning
The court found that the confession was not voluntarily made due to the lack of informed consent and the presence of the accused's brothers, who denied witnessing the confession.
Outcome
The confession is inadmissible and the conviction is set aside.
Orders
- The confession is inadmissible as evidence
Remedies
- The conviction is set aside
Authorities cited
Legislation (3)
- Article 49 of the Constitution of Kenya 2010
- Evidence Act (Cap.80)
- Evidence (Out of Court Confessions) Rules, 2009
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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