IAN GAKOI MAINA, SUKHWINDER SINGH CHATTHE, EPAINTO APONDO OKOYO & CROSSLEY HOLDINGS LIMITED V. REPUBLIC & ODONGO PHILIPS KABITA

RULING OF ASIKE-MAKHANDIA, JA

The office of the Director of Public Prosecution commenced and preferred several charges against the applicants before the Chief Magistrate’s Court at Kisumu in Criminal Case No. 429 of 2010. After the honourable magistrate heard the evidence of 30 witnesses, he on 20^th May, 2019 made a finding that the applicants had no case to answer and acquitted them under section 210 of the Criminal

Procedure Code. Dassatisfied with the ruling, the 1^st respondent lodged an appeal in the High Court being Misc. Criminal Appeal No. 21 of 2019 against the applicants. The High Court in its Judgment dated 7^th October, 2019 and delivered on 9^th October, 2019 allowed the appeal and ordered and or directed the applicants to be placed on their defences before the trial court thus reversing the decision acquitting them rendered by the trial court.

Aggrieved by the decision of the High Court, the applicants have lodged a Notice of appeal pursuant to Rule 59 of this Court’s rules an…