Case Metadata |
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| Case Number: | Criminal Appeal 92 of 2004 |
|---|---|
| Parties: | JOSEPH KITHUMBU NJIRU v REPUBLIC |
| Date Delivered: | 27 Nov 2006 |
| Case Class: | Criminal |
| Court: | High Court at Embu |
| Case Action: | Judgment |
| Judge(s): | J. N. KHAMINWA |
| Citation: | JOSEPH KITHUMBU NJIRU v REPUBLIC [2006] eKLR |
| Case Summary: | |
| 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 EMBU
Criminal Appeal 92 of 2004
JOSEPH KITHUMBU NJIRU……………………………………….APPELLANT
VERSUS
REPUBLIC ……………………….…………………….………….RESPONDENT
JUDGMENT
The State Counsel concedes this appeal on ground that the charge sheet is defective contrary to Section 135 CPC on duplicity.
Also the evidence is not sufficient to count the accused with the offence the Trial Magistrate in his judgment says this conviction was arrived and on a rebuttable presumption. I find the prosecution not having proved its case beyond reasonable doubt.
I quash the conviction and set aside the sentence. The appellant shall be set at liberty forthwith unless otherwise lawfully held.
Dated 27TH November, 2006.
J. N. KHAMINWA
JUDGE
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