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SILVESTER KELI KAKUMI v. REPUBLIC

(2003) JELR 93936 (CA)

Court of Appeal  •  Criminal Appeal 142 of 2002  •  7 Aug 2003  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Richard Otieno Kwach, Philip Nyamu Waki

Judgement

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

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