KCC 147/2016 issued on 19/01/2017

This case involved defendants accused of robbery, impersonation and entering a property without approval. Issues included the validity of the evidence which was based on testimony from the victim and police officer.

Background

The office of public prosecution accused three defendants of robbery and impersonation. The office also accused the defendants of entering the victim’s house without their approval. The office requested the court to penalise the defendants according to the relevant laws.

The court ruled that the defendants should be imprisoned for five years. The court ruled that defendants should be deported from the country after the ruling's execution.

The defendants and the office appealed the ruling before the court of appeal. The court dismissed the appeals and upheld the appealed ruling.

The defendants appealed the ruling before the court of cassation. They said in their grounds of appeal that the ruling had erred in the application of law. They said that the court had failed to clarify the evidence upon which the ruling was established.

Decision