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Peter Mwangi Waithaka v. Republic

(2013) JELR 96557 (CA)

Court of Appeal  •  Criminal Appeal 3 of 2013  •  20 Sep 2013  •  Kenya

John Wycliffe Mwera, Daniel Kiio Musinga, Stephen Gatembu Kairu



We were about to commence the hearing of this appeal when it became apparent that the judgment of the first appellate court which was delivered was signed by Hon. J. Khaminwa, J, alone. It was not dated.

The appeal to the High Court followed a conviction and sentence for the offence of robbery with violence contrary to section 296(2) of the Penal Code by Mr. Kiarie W. Kiarie, Senior Principal Magistrate.

The record of the proceedings in the High Court shows that the appeal was heard by Khaminwa, Warsame, JJ. up to the end. Khaminwa, J. drafted the judgment and this is evidenced by her handwritten script. The draft was typed and she alone signed the judgment in issue at the time of delivery.

Put to counsel, Mrs. Ouya Senior Assistant Deputy Public Prosecutor, took note of the omission of the second signature – Warsame J. as he then was, and absence of the date of delivery of the judgment. In her opinion, those were serious omissions even as the evidence recorded point…

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