judy.legal
Login Register

Republic v. Danson Mgunya

(2016) JELR 95806 (CA)

Court of Appeal  •  Criminal Appeal 21 of 2016  •  30 Sep 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

This is an appeal by the State against the acquittal of the respondent, Danson Mgunya, by the High Court at Mombasa, (Odero, J.), for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. In addition to the contention that his acquittal was proper due to the failure by the prosecution to prove its case beyond reasonable doubt, the respondent also challenges the right of the State to prefer an appeal in this Court against an acquittal by the High Court in the exercise of its original jurisdiction, contending that such right of appeal does not exist and if it does, it is in violation of the Constitution.

Before we consider the jurisdictional point taken by the respondent and the merits of the appeal, if need be, we shall first set out briefly the background to the appeal. At all material times, the respondent was a police officer, having served with the Administration Police for 35 years. He was the Corporal in charge of Kizingitin…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login