Matare Getange & 2 others v Republic [2021] KEHC 2728 (KLR)
- Court
- High Court of Kenya
- Case number
- 2728
- Citation
- [2021] KEHC 2728 (KLR)
- Decided
- 7 October 2021
The prosecution proved that PW1 had a legitimate interest in land parcel Wanjare/ Bokeire no. 4548 and that the fence enclosing the land was his property. The trial court's finding that the appellants were responsible for destroying the fence was not supported by the evidence.
Facts
The appellants were charged with malicious damage to property. The prosecution alleged that the appellants destroyed a fence valued at Kshs. 110,000/= on land belonging to John Magara Oichoe. The appellants contested the ownership of the land and the responsibility for destroying the fence.
Issues
- Whether the trial magistrate failed to appreciate the law and evaluate the entire evidence in coming to its decision.
- Whether the prosecution proved that the land belonged to the complainant and that the property that was removed was lawfully in place from where it had been removed.
Reasoning
The prosecution's evidence showed that PW1 had a legitimate interest in the land and that the fence was his property. The trial court's finding that the appellants were responsible for destroying the fence was not supported by the evidence.
Outcome
The appeals were dismissed.
Authorities cited
Legislation (1)
- Section 339 (1) of the Penal Code
Cases cited (2)
- Simon Kiama Ndiagui vs. Republic (2017) eKLR
- Republic vs. Jacob Mutuma & another (2018) eKLR
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