Martin Marit Epakan v Republic [2018] KEHC 7542 (KLR)
- Court
- High Court of Kenya
- Case number
- 7542
- Citation
- [2018] KEHC 7542 (KLR)
- Decided
- 18 January 2018
The appeal is allowed on the charge of robbery with violence, and the appellant is found guilty of handling stolen property. The death sentence is set aside, and the appellant is sentenced to eight years for handling stolen property and four years for house breaking, to run concurrently.
Facts
The appellant was charged with robbery with violence and house breaking. He was convicted and sentenced to death. He appealed, alleging irregularities in the trial.
Issues
- Irregularities in the trial
- Quality, nature, size and position of light
- Possession of stolen property
- Time discrepancy in testimonies
Reasoning
The court found that the evidence was inconsistent and that the appellant was found in possession of stolen property. The charge of robbery with violence was not proved beyond reasonable doubt, while the charge of handling stolen property was.
Outcome
Appeal allowed, death sentence set aside, appellant sentenced to eight years for handling stolen property and four years for house breaking, to run concurrently.
Authorities cited
Legislation (1)
- Penal Code
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