Court Upholds Conviction and Sentence in Violent Robbery Case

A man convicted of two counts of robbery with violence, which left one person dead and a vehicle stolen, has had his conviction and sentence upheld by the Court of Appeal in Nakuru. The court's judgment, delivered by Justices Mativo, Gachoka, and Odunga, confirmed decisions made by both the trial court and the High Court, stating that there was no basis to overturn the conviction. The judgment is a significant development in the case, which has a complex history involving a carjacking, violent assault, and the theft of a lorry.

Key Takeaways:

• The accused was found guilty of two counts of robbery with violence and sentenced to death on the first count, with the second count being held in abeyance.
• The Court of Appeal upheld the conviction and sentence, dismissing the appeal raised by the accused, which included issues of identification, failure to call certain witnesses, and alleged mishandling of his alibi defence.
• The judgment confirmed that the identification parade was properly relied upon, despite the accused's claims that it was flawed, and that the prosecution's reliance on the driver's testimony was reasonable.
• The court also found that the doctrine of recent possession was correctly applied, as the accused did not provide a plausible explanation for his presence inside the stolen lorry.
• The accused's claim that he had been wrongly convicted and that the trial relied on evidence from a single witness was dismissed, as the court found that the driver's testimony was clear and reliable.
• The court noted that not all witnesses are necessary in a case if the evidence is already well supported, and that the failure to call certain witnesses did not affect the outcome.
• The accused's alibi defence was also dismissed, as the court found that it was an attempt to place himself at a different location during his arrest, not where he was at the time of the robbery.
• The court clarified that unsworn statements may not be sworn evidence, but they are not to be dismissed entirely, as they can be given weight by the court.

Statistics:

• The accused was sentenced to death on the first count of robbery with violence.
• The second count was held in abeyance.
• The lorry was recovered with stolen items, including a mobile phone, a driving licence, and identification documents.
• Three men were arrested in connection with the robbery.
• The driver of the lorry spent time with the accused during the day and was able to describe and identify him.

Sources:

• The judgment of the Court of Appeal in Nakuru.
• The original trial court and High Court decisions.