JAMES GICHUHI WANJEMA ALIAS CHUI V. REPUBLIC

JUDGMENT OF THE COURT

[1] James Gichuhi Wanjema, the appellant in this appeal together with another person,were jointly charged before the Senior Resident Magistrate’s Court at Kajiado with the offence of malicious damage to property contrary to Section 339(1) of the Penal Code. They both pleaded not guilty and after trial, the appellant was found guilty, convicted and sentenced to pay a fine of Ksh 200,000/= and in default to serve a sentence of 1 year. The trial court found no evidence against the co-accused and he was discharged. Being aggrieved by the conviction and sentence, the appellant appealed before the High Court.

[2] After the appeal was admitted, it was fixed for hearing on the 17^th day of November, 2011, before Makhandia J., (as he then was). However on the hearing day, Mr. Makau, learned counsel holding brief for Mr. Ngolya, who was on record as representing the appellant, applied for an adjournment of the appeal on the grounds that counsel for the appellant was engaged i…