judy.legal
Login Register

Robert Wanyiri Waithira v. Richard Mundia Wachuka

(2005) JELR 96644 (CA)

Court of Appeal  •  Criminal Appeal 45 of 2001  •  10 May 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT


Mr. Orinda, learned Senior State Counsel, concedes on behalf of the Republic/Respondent that the conviction recorded against the two appellants is unsustainable on the ground of the principles set out in the case of ELIRAMA vs.REPUBLIC, as part of the prosecution was conducted by a Police Sergeant. Mr. Orinda is not seeking a retrial of the appellants as he agrees that might enable the prosecution to fill in gaps left by the evidence now before us. We agree with Mr. Orinda in both aspects and that being so, we allow the appeals by the appellants, quash the conviction recorded against each one of them, set aside their sentences and order that they be released from prison forthwith unless they or any of them be held for some other lawful cause. Dated and delivered at Nyeri this 10th day of May, 2005.

R.S.C. OMOLO

.........................................

JUDGE OF APPEAL

E.M. GITHINJI

...................................

JUDGE OF APPEAL

W.S. DEVERELL

...............…

There's more. Sign in to continue reading

JUDY 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