KCC 40/2016
This case involved the sentencing of an individual accused of attempted robbery. A key issue was whether the elements of the crime existed as he had not had a weapon on him.
Background
The office of public prosecution accused a defendant of attempted robbery. The office requested the court to penalize the defendant according to the relevant laws.
The court ruled that the defendant should be imprisoned for seven years. The court also ruled that the defendant should be deported from the country after the ruling execution.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law. He said that a weapon had not been confiscated on him and therefore the elements of the crime had not existed in the case.