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…