Case Metadata |
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| Case Number: | Criminal Appeal 90 of 1996 |
|---|---|
| Parties: | Michael Mugo Kihara v Republic |
| Date Delivered: | 21 Apr 1997 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Nairobi |
| Case Action: | Judgment |
| Judge(s): | Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha |
| Citation: | Michael Mugo Kihara v Republic [1997] eKLR |
| Court Division: | Criminal |
| Parties Profile: | Individual v Government |
| County: | Nairobi |
| Case Outcome: | Appeal 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 |
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, LAKHA, JJ.A. & BOSIRE, AG.J.A.)
CRIMINAL APPEAL NO. 90 OF 1996
BETWEEN
MICHAEL MUGO KIHARA……………………….APPELLANT
AND
REPUBLIC………………………………….…… RESPONDENT
(Appeal from a Conviction and Sentence of the High Court of Kenya at Nairobi (Justice V.V. Patel) dated 14th October, 1996
IN
H.C.CR.A NO. 893 OF 1996)
**************************
JUDGMENT OF THE COURT
The appellant was convicted of burglary and theft contrary to Section 304(2) and 279(b) of the Penal Code.
Upon a careful consideration of the evidence we are not satisfied that there was sufficient evidence to sustain the Conviction. Mr. Bwonwongo for the Republic does not support the Conviction and is our opinion rightly so.
Accordingly the appeal is allowed, conviction quashed and sentence set aside. He is to be released forthwith unless otherwise lawfully held.
Dated and delivered at Nairobi this 21st day of April, 1997.
R.S.C. OMOLO
…………………….
JUDGE OF APPEAL
A.A. LAKHA
…………………….
JUDGE OF APPEAL
S.E.O. BOSIRE
…………………………..
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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