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FRANCIS NDUNGU WANJAU V. REPUBLIC

(2011) JELR 105374 (CA)

Court of Appeal  •  Criminal Appeal 187 of 2002  •  11 Mar 2011  •  Kenya

Coram
Moijo Matayia Ole Keiwua, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

This matter is one of 16 others recently discovered throughout the country, in which the course of justice or the due process of the law was subverted by evil, and yet unidentified, forces. The subversion has taken various forms including disappearance of whole or part of court records including records supplied to intending appellants and the Attorney General; disappearance of original handwritten records; falsification of court proceedings and judgments; substitution of signed judgments with unsigned ones and other adulterations of court records. Fortunately, the era of interference with court records will soon come to an end after completion of the on-going process of digitalization of court records. What transpired in the case before us?

The appellant, Francis Wanjau Ndungu was convicted by Muranga Senior Resident Magistrate (F.F. Wanjiku) on 4th April, 2000 on two counts of robbery with violence contrary to section 296 (2) of the Penal Code. The said magistrat…

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