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Simon Lokwacharia v. Republic

(2005) JELR 94564 (CA)

Court of Appeal  •  Criminal Appeal 156 of 2004  •  28 Oct 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

This is an appeal from the purported judgment of the superior court (Juma and Mitey, JJ) dated 2nd May 2002. When the appeal came up for hearing on 25th October, 2005, Mr. Ng'ang'a the learned counsel for the appellant, Simon Lokwacharia, addressed the Court on his grounds of appeal. The learned Principal State Counsel made his submissions but towards the end of his submissions, the Court drew his attention to the fact that the judgment of the High Court had not been signed by one of the two Judges of the superior court who heard the appeal. Pursuant to that revelation Mr. Orinda asked this Court to order for the rehearing of the appeal in the superior court.

It is unfortunate that the issue of the High Court judgment not having been signed was brought to the attention of the Court after the appellant’s counsel and the learned Principal State Counsel had completed their submissions. Section 169(1) of the Criminal Procedure Code (Cap 75 Laws of Kenya) provides:-

“Eve…

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