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NICHOLAS MURIUKI KANGANGI V. ATTORNEY GENERAL

(2011) JELR 98433 (CA)

Court of Appeal  •  Civil Appeal 331 of 2010  •  29 Jul 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

Around 11th or 12th September, 2006 , Nicholas Kangangi Muriuki, hereinafter the Appellant “appeared before the court of the Chief Magistrate at Makadara, charged with various offences under the Anti-Corruption and Economic Crimes Act, hereinafter the Act.” At the time he so appeared in court, the appellant was a serving Police Constable and by a letter dated 16th October, 2006, he was interdicted by his superior officers in the Criminal Investigations Department to which he was attached. According to the appellant in the performance of his duties as a police officer, he arrested and charged one Vipul Dharji or Darji with offence of stealing and that Vipul thereafter conspired with one Rose Githinji, a police officer then in the service of Kenya Anti-Corruption Commission, KACC, and had the appellant in turn charged with the offences under the Act. On the very first day that he appeared before the Magistrate, the appellant raised various issues under the repealed …

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