Case Metadata |
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| Case Number: | Criminal Appeal 147 of 2000 |
|---|---|
| Parties: | CHANGO MWENI SALIM alias AMAN CHARO vs REPUBLIC |
| Date Delivered: | 16 Mar 2004 |
| Case Class: | Criminal |
| Court: | High Court at Mombasa |
| Case Action: | |
| Judge(s): | Joyce Nuku Khaminwa, David Kenani Maraga |
| Citation: | CHANGO MWENI SALIM alias AMAN CHARO vs REPUBLIC[2004] eKLR |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLATE SIDE
CRIMINAL APPEAL NO. 147 OF 2000
(From Original Conviction and Sentence in Criminal Case No.1638 of 1999 of the Senior
Principal Magistrate’s Court at Malindi – J. Manyasi, Ms – SPM)
CHANGO MWENI SALIM alias AMAN CHARO…………APPELLANT
=V E R S U S=
REPUBLIC…………………………………………………RESPONDENT
16/3/2004
Khaminwa, J.
Maraga, J.
Chege – Court Clerk
Mitoto – Court Clerk
Mr. Mondah – for State
Appellant – in person – ready to proceed.
Mr. Mondah:- I notice this trial was conducted by both unauthorized person and an Inspector of Police. On that ground I concede the appeal.
I do not ask for retrial. The charge sheet indicates offence under Section 296(1). There was only a threat. No actual violence and he was alone. He started trial in 1999 and was convicted in 2000.
In my opinion the Appellant has served sufficient punishment. I do not ask for a retrial.
In the circumstances, the appeal is allowed. We hereby quash conviction and set aside the sentence. The Appellant shall be set at liberty forthwith unless lawfully held.
Dated at Mombasa this 16th day of March, 2004.
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