Samuel Njuguna Ng’ang’a v Republic [2020] KEHC 1319 (KLR)
- Court
- High Court of Kenya
- Case number
- 1319
- Citation
- [2020] KEHC 1319 (KLR)
- Decided
- 26 November 2020
The appeal on conviction is dismissed, and the appeal on sentence is allowed. The sentence of death is set aside, and the appellant is sentenced to 25 years' imprisonment for count one and 15 years' imprisonment each for counts two and three, to run concurrently.
Facts
The appellant and another were charged with robbery with violence. The victims were robbed and one, David Mbogo, was murdered. The appellant's fingerprints and a torch were found at his house.
Issues
- whether sufficient evidence linked the appellant to the offence
- whether the sentence imposed was harsh and excessive
Reasoning
The prosecution proved beyond reasonable doubt that the appellant was among the suspects who attacked and robbed the victims. The mandatory nature of the sentence for robbery with violence was declared unconstitutional by the Supreme Court.
Outcome
Appeal allowed on sentence, conviction upheld
Orders
- Sentence of death set aside
- Sentences of 25 years for count one and 15 years each for counts two and three to run concurrently
Authorities cited
Legislation (2)
- Penal Code
- Supreme Court Act
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