JOHN OMONDI ALIAS LAWI V. REPUBLIC

JUDGMENT OF THE COURT

Mr. v. S. Monda, learned counsel for the Republic, conceded in his submissions before us that the appeal of the appellant, John Omondi alias Lawi, must be allowed on the ground that the prosecution of the appellant before the trial Magistrate was conducted by an unqualified and/or unauthorized person contrary to the provisions of section 85(2) of the Criminal Procedure Code.

In view of the long line of cases starting with ROY RICHARD ELIREMA and ANOTHER v. REPUBLIC , Criminal Appeal No. 67 of 2002 (unreported), there cannot be any answer to that complaint. We accordingly quash the two convictions for robbery contrary to section 296(2) of the Penal Code and set aside the sentence of death imposed thereon. Mr. Monda, however, asked us to order a retrial. He told us that his witnesses are still available and can be called to testify again whenever required. The offences were allegedly committed in Mombasa and the appellant was apparently arrested by members of the est…