Saphan Barabara v Republic [2020] KEHC 485 (KLR)

Facts

The appellant was charged with robbery with violence and denied the offence. The prosecution alleged that the appellant robbed Kennedy Musavi Lukanda of a mobile phone and used violence. The appellant was found guilty and sentenced to death.

Issues

1. Whether the sentence meted out was without consideration of the appellant’s mitigation and the circumstances of the offence.
2. Whether the evidence of identification of recognition was tainted with the possibility of error.
3. Whether the charge of robbery with violence was proved.
4. Whether the appellant’s defence was considered.

Reasoning

The court found that the trial magistrate did not err in law and fact. The mandatory death sentence was considered, and the evidence of identification was not tainted. The charge of robbery with violence was proved, and the appellant’s defence was considered.

Outcome

Appeal dismissed

Authorities cited