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Joseph Muriuki Wachira v. Stephen Marete Muriithi

(2005) JELR 100633 (CA)

Court of Appeal  •  Criminal Appeal 254 & 255 of 2003  •  20 May 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appeals of JOSEPH MURIUKI WACHIRA and STEPHEN MARETE MURIITHI must be allowed on the principles laid down by this Court in the case of ROY RICHARD ELIREMA and ANOTHER v. REPUBLIC [2003] 1 EA 50 (CAK). Right from the very beginning of their trial which started before a Senior Resident Magistrate at Nyeri on 17th July, 2000, their prosecution was conducted before the Magistrate by a Senior Sergeant Kigera and on that basis alone, we must allow their appeals against conviction on all the counts upon which each of them was convicted. We accordingly quash the convictions recorded against each appellant and set aside the various sentences imposed on each one of them.

Ought we to set the appellants at liberty as their learned counsel Mr. Muguku asked us to do? We are not inclined to do so. The offences were all alleged to have been committed between 20th and 21st March, 2000. The trial of the appellants commenced on 17th July, 2000 and was concluded by the judgment of…

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