Death Sentence Overturned: Court of Appeal Grants Robbery Convict’s Appeal
The Court of Appeals granted the appeal of a man sentenced to death for armed robbery on Friday, July 7.
A three-judge panel composed of Asike Makhandia, S. ole Kantai, and Mwaniki Gachoka FCIArb determined that the appellant had been wrongfully convicted in their ruling.
This conclusion was reached as a result of the unconvincing testimony of one of the witnesses, who was reportedly his girlfriend.
“Consequently, the appeal is granted, the conviction is overturned, and the sentence is vacated. “The appellant is immediately released unless otherwise lawfully detained,” the ruling stated.
During the appeal, the defendant argued that the lower court had treated him unfairly by relying solely on the testimony of a single witness. This witness positively identified him as a suspect in the commission of the crime.
According to court documents, the November 2009 robbery occurred at night in Runda, Nairobi County.
According to the reports, the victim was driving home when he was ambushed by thieves as soon as he arrived at his residence’s gate.
Before the incident, the court proceedings revealed that the victim had asked one of his employees to open the gate, unaware of the impending burglary.
The victim sped away upon sensing danger, injuring one of the suspect’s legs in the process.
The robbers, armed with a pistol, targeted the victim with the intent of stealing his Ksh1 million Honda CRV.
The incident was reported to the police. The suspects were taken into custody and then arraigned in court. In addition to the victim, six witnesses were summoned to testify.
The aforementioned witness explained that she recognized the appellant due to their eight-month friendship. The appellant did not deny that the woman was his girlfriend.
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“She stated that the security lights at the gate allowed her to see the men 10 meters away clearly.” She testified that she recognized the appellant in the blue tracksuit because he formerly worked for a neighbor, according to court documents.
If the witness had recognized the appellant, she would have called out his name, the Court of Appeals stated as the first inconsistency.
If she saw the appellant holding a gun, her first instinct would be to flee for her life, which is a glaring inconsistency. In addition, she did not specify whether the appellant turned in her direction so she could positively identify him.
“If indeed she saw and recognized the appellant, whom she claimed to be her acquaintance, she should have provided this evidence when recording her testimony or to the responding police officers,” the ruling stated.
The three-judge panel argued that prosecutors should have investigated the relationship between the two parties in greater depth.
“If they were acquaintances and there was a falling out, that may have been the impetus for her to settle scores by giving false testimony against the appellant. “Therefore, we are not persuaded that the appellant’s identification and recognition of herself was free of the possibility of error,” the judges ruled.
The Court of Appeal ruled conclusively that the appellant’s conviction was unjust.
Death Sentence Overturned: Court of Appeal Grants Robbery Convict’s Appeal
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