A 35-year-old man who pleaded guilty to being a member of Al-Shabaab terror group six years ago, will now serve 15 years in jail after the Court of Appeal quashed a life sentence imposed on him.
Elgiva Bwire Oliacha was lucky that the prosecutor during his trial failed to table in court a P3 form of two victims who suffered grievous harm during the attack at Kaka Bus stage on October 24, 2011.
Therefore, judges of the Court of Appeal ruled it is a basic rule of evidence in criminal law that an accused person must not be convicted of a criminal offence unless the court is satisfied that his guilt has been proven beyond reasonable doubt.
Justices Daniel Musinga, William Ouko and Gatembu Kairu noted that there was no proof of the existence or the nature of the injuries sustained by Patrick Ndolo Kanyingi and Justus Makau Mulwa.
They said that from the record, the degree or classification of injuries sustained by the two victims were supplied by the investigating officer and verbally communicated to the court by the prosecutor.