JOHN KAMAU GITHUKU V. REPUBLIC

JUDGMENT OF THE COURT

The record of this appeal raises fairly disturbing aspects of the administration of justice by certain courts of this country. It would appear, with respect, that both the subordinate court and the High Court did not find it necessary to carefully consider the written law when dealing with this case notwithstanding that an opportunity availed itself at least to the High Court, when the learned state counsel raised flag and conceded the appeal in that court.

The appellant JOHN KAMAU GITHUKU, was charged together with three others with eight offences each of robbery with violence contrary to Section 296(2) of the Penal Code and the appellant further faced one alternative charge of handling stolen goods contrary to Section 322(2) of the Penal Code. Two of his colleagues were also each charged with handling charges. They pleaded not guilty and a hearing ensued in which the prosecution called a total of ten witnesses. At the close of prosecution case, the learned Senior…