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Samuel Ngure Kariuki v. Republic

(2010) JELR 96585 (CA)

Court of Appeal  •  Criminal Appeal 372 of 2006  •  22 Mar 2010  •  Kenya

Coram
Joyce Nuku Khaminwa, Fred Andago Ochieng

Judgement

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CRIMINAL APPEAL NO. 372 OF 2006

SAMUEL NGURE KARIUKI ........................................... APPELLANT

VERSUS

REPUBLIC...................................................................... RESPONDENT

(From the original conviction and sentence in Criminal Case No. 2499 of 2003 of the Chief Magistrate’s Court at Nairobi by T.N.Ngugi (Mrs) – Senior Resident Magistrate)

JUDGMENT

The learned state counsel, Mr. Mureithi, informed the court that the appeal herein was being conceded. The reason for the concession was that there were a number of legal technicalities, which rendered the trial proceedings a nullity.

As the first appellate court, we would ordinarily be obliged to re-evaluate all the evidence on record, and to draw our own conclusions therefrom. We would then also re-evaluate the judgment of the trial court, with a view to ascertaining if it was in compliance with both the evidence adduced, and the applicable law.

But following the…

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