Case Metadata |
|
| Case Number: | Criminal Appeal 493 of 2003 |
|---|---|
| Parties: | David Mwaniki Mwangi v Republic |
| Date Delivered: | 25 Jul 2005 |
| Case Class: | Criminal |
| Court: | High Court at Nakuru |
| Case Action: | |
| Judge(s): | Muga Apondi |
| Citation: | David Mwaniki Mwangi v Republic [2005] eKLR |
| Advocates: | Gumo for State, |
| Advocates: | Gumo for State, |
| Case Summary: | Criminal Law and procedure - appeal from sentence and conviction for of stealing stock,contrary to Section 278 of the Penal Code - Conduct of proceedings by unqualified prosecutor |
| History Advocates: | Neither party represented |
| History County: | Baringo |
| Case Outcome: | Allowed |
| 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 NAKURU
Criminal Appeal 493 of 2003
DAVID MWANIKI MWANGI……………………..APPELLANT
VERSUS
REPUBLIC………………………………………..RESPONDENT
(From original conviction and sentence in Criminal Case No. 1900 of 2002 of the
Resident Magistrate’s Court at Nyahururu –C. N. Sifuna)
JUDGMENT
The Appellant had been charged for the offence of stealing stock, contrary to Section 278 of the Penal Code. The facts for the prosecution case as stated in the Charge Sheet are as follows:
“On the night of 27th and 28th day of June, 2002 at Kahutha village in Nyandarua District of the Central Province stole 2 cows valued at Kshs.30,000 the property of ISAAC KIBE NJAMA.
Alternative Charge:
“On the 28th day of June, 2002 at Mutanga area in Nyandarua District of the Central Province, otherwise than in the court of stealing, dishonestly retained 2 cows knowing or having reason to believe them to be stolen or unlawfully detained.”
From the record, it is apparent that the Appellant was arraigned in Court on 3rd July, 2002 and he denied the charge. Consequently, the facts were not read out to him due to the above position. It is surprising and erroneous for the learned Magistrate viz, C. N. Sifuna to have called for a Probation Report and purport to act on the same.
Secondly, the Court concurs with Mr. Gumo, Assistant Deputy Public Prosecutor that the case was conducted by Cpl. Shibeka who was not qualified to prosecute the case as envisaged by Section 85 of the Criminal Procedure Code. I also concur with him that the proceedings were a nullity ab initio.
In view of the above, I hereby quash the conviction and set aside the sentence of 4 years imprisonment and hard labour. The Appellant should be released forthwith unless held lawfully.
Please Wait. Searching ...