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VALENCE MOMANYI OGARO v. REPUBLIC

(2012) JELR 93847 (CA)

Court of Appeal  •  Criminal Appeal 156 of 2011  •  22 Mar 2012  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

Following his arrest on 27th March, 2008 for the offence of arson contrary to section 332(a) of the Penal Code and grievous harm contrary to section 234 of the same Code, Valence Momanyi Ogaro, the appellant was kept in police custody until 4th April, 2008, when he was presented before Mrs. Oganyo, Senior Resident Magistrate, at Kilgoris charged with the aforesaid two offences. He pleaded not guilty. He was remanded in custody, but when the case came for the second mention on 5th May, 2008, the appellant raised a complaint relating to his long incarceration in police custody before he was taken to Court. The prosecution was asked to respond to the complaint, which it did on 6th May, 2008. The prosecutor explained that the delay occurred because the appellant was facing two cases, one which was being handled by Keroka Police Station and the one before Kilgoris court. That court accepted that explanation and in effect dismissed the appellant’s complaint which we thi…

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