JUDGMENT OF THE COURT
:The trial of the appellant was conducted by a Police Corporal. In view of the decision of this Court in Criminal Appeal No. 67 of 2002 ROY RICHARD ELIREMA and ANOTHER v. REPUBLIC that trial was a nullity. We quash the conviction and set aside the sentence.
In view of the gravity of the offence charged we order that the appellant be re-arrested, charged and tried before another court of competent jurisdiction with a competent prosecutor.
Dated and delivered at Mombasa this 7th day of August, 2003.
R. O. KWACH
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JUDGE OF APPEAL
E. O. O’KUBASU
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JUDGE OF APPEAL
P. N. WAKI
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JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR