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|Case Number:||crim app 73 of 90|
|Parties:||Mrama v Republic|
|Date Delivered:||17 Jul 1990|
|Court:||Court of Appeal at Malindi|
|Judge(s):||Richard Otieno Kwach, Joseph Raymond Otieno Masime, John Mwangi Gachuhi|
|Citation:||Mrama v RepubliceKLR|
|History Advocates:||Neither party represented|
|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|
Mrama v Republic
REPUBLIC OF KENYA
Court of Appeal, at Mombasa July 17, 1990
Gachuhi, Masime & Kwach JJA
Criminal Appeal No 73 of 1990
On July 17, 1990, Gachuhi, Masime & Kwach JJA delivered the following Judgment.
The appellant’s appeal to the superior court was summarily rejected under section 352(2) of the Criminal Procedure Code. Amongst the grounds of appeal put forward by the appellant in the superior court was the g round that the judgment of the district magistrate did not comply with the provisions of the Criminal Procedure Code – see section 169(1) of the Criminal Procedure Code. This ground alone merited the appellant’s appeal to be admitted to hearing in the superior court. Summary rejection of that appeal was therefore wrong. Accordingly, we allow the appellant’s appeal to this court, set aside the superior court’s order summarily rejecting the appellant’s appeal to that court and order that the said appeal be admitted to hearing by the superior court. That is the order of this court.