KCC 950/2016
This case involved two people who had kidnapped and robbed a person by impersonating the police. A key issue was the validity of the evidence.
Background
The office of public prosecution accused two people of kidnapping and robbing a victim by impersonation of the police. The office requested the court to penalise the defendants according to the relevant laws.
The court acquitted the defendants from the first crime. The court ruled that the defendants should be imprisoned for 10 years each. The court also ruled that the defendants should be deported after the ruling execution.
The second defendant appealed the ruling before the court of appeal. The court dismissed the appeal 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 elements of the crime had not existed in their case.
Decision
The court said that the appeal made by the first defendant was invalid because he had failed to appeal the ruling before the court of appeal.