Josphat Mwinji Kamwara & Another v Republic [2020] KEHC 6728 (KLR)

Facts

The appellants were charged with threatening to kill and forcible detainer. They were found guilty and sentenced to five years for threatening to kill and three years for forcible detainer. The appellants appealed.

Issues

1. Whether the conviction and sentence for threatening to kill were correct.
2. Whether the conviction and sentence for forcible detainer were correct.

Reasoning

The court found that the appellants had a bonafide claim over the disputed land and that the prosecution failed to prove the necessary elements for conviction. The sentence for forcible detainer is set aside as it was based on a criminal process rather than a civil one.

Outcome

Partially allowed appeal, conviction and sentence for threatening to kill upheld, conviction and sentence for forcible detainer set aside.

Authorities cited