Over the last couple of days, we have seen Kenyans charged with robbery with violence.
What is that?
According to multiple experts, one of the most serious robbery classifications is robbery with violence.
According to an article published on kenyayote.com, if a person is charged with robbery, they are liable to fourteen years in prison.
But should that offender have been armed with an offensive or dangerous weapon or is in the company of one or more persons, or if he wounds, strikes, beats, or uses any form of violence before, at, or after the time of the robbery, he shall face the death penalty.
Kenyayote.com further about the robbery with violence:
If you want to press charges against a person for armed robbery, then make sure you are clear on what constitutes robbery and the ingredients of armed robbery.
Depending on the severity of the crime, the extent of your injuries, and the value of the things stolen, the appellant could face a significant number of years in prison.
The punishment for robbery with violence as provided for in section 296(2) of the Penal Code which provides that in case of a conviction the offender shall be sentenced to death.
According to Kenyalaw.org, to prove an offence of robbery with violence under Section 296(2) of the Penal Code, the Prosecution is required to show the following things are present at the time of the commission of the offence:-
1. That the offender was armed with any dangerous or offensive weapon or instrument, or
2. That the offender was in the company with one or more other person or persons, or
3. That at or immediately before or immediately after the time of the robbery, the offender wounded, beat, struck or used any other violence to any person.
Article 50 (2) of the Constitution of Kenya provides that an accused person should be provided with an advocate at the State’s expense if substantial injustice would be occasioned to the accused person by lack of legal representation.
Section 25(2) of the Penal Code provides that a death sentence shall not be pronounced on or recorded against any person convicted of an offence if it appears to the court that at the time when the offence was committed he was under the age of eighteen years.
The Kenyalaw.org cited an example: http://kenyalaw.org/caselaw/cases/view/99142/ to show what robbery with violence constitutes.
Robbery involves taking another person’s property, in their presence, and by intimidation, violence, or threat.
For an offence to qualify as robbery there must be intent to deprive the victim of their property permanently. Robbery is distinguished from larceny in the sense that theft involves the use of intimidation and force.
Violence must be part of the theft for an offence to be considered robbery. If a person uses violence after the theft while escaping from law enforcers, this may not be deemed as robbery.
Finally and most importantly, robbery must be executed in the presence of the victim. Larceny only requires that the belongings that have been taken belong to another person.
These belongings can be taken in the absence of the owner or in secret. However, robbery can only be charged if the victim experienced the crime.
The Penal code, Section 296 (2) sets out the elements of robbery. To qualify as robbery with violence, the evidence of the theft, the number of assailants, whether the appellant was armed with a dangerous weapon, and whether the appellant beat the complainant has to be determined.
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