Login Register

David Kinyua Maingi, Godfrey Mwiti & Adams Muchui v. Republic

(2013) JELR 102840 (CA)

Court of Appeal  •  Criminal Appeal 98 of 2003  •  6 Nov 2013  •  Kenya

Daniel Kiio Musinga, James Otieno Odek, Agnes Kalekye Murgor



In this appeal we are faced with the question of what the legal effect of a missing judgment of a 1st appellate court in a criminal trial is. In the instant case, neither the original handwritten nor the typed judgment dated 14th February, 2002 delivered by the High Court (Tuiyot and Juma, JJ.) is traceable.

The appellant herein was jointly charged with two others (both now-deceased) with one count of robbery with violence contrary to Section 296(2) of the Penal Code, Chapter 63 Laws of Kenya and one count of shop breaking and committing a felony contrary to Section 306(a) of the Penal Code in the Chief Magistrate's Court at Meru. The appellant pleaded not guilty to both counts. Thereafter, the trial proceeded in the subordinate court. Being convinced that the prosecution had proved its case against the appellant and his two co-accused, the trial court convicted the appellant and the co-accused of the offence of robbery with violence and acquitted all of the offence …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login