crim app 5 of 98

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BENARD ZAKAYO MUSE vs REPUBLIC[1998]eKLR

Case Metadata
Case Number:	crim app 5 of 98
Parties:	BENARD ZAKAYO MUSE vs REPUBLIC
Date Delivered:	26 Feb 1998
Case Class:	Criminal
Court:	Court of Appeal at Nakuru
Case Action:
Judge(s):	Johnson Evan Gicheru, Samuel Elikana Ondari Bosire, Zakayo Richard Chesoni
Citation:	BENARD ZAKAYO MUSE vs REPUBLIC[1998]eKLR
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

IN THE COURT OF APPEAL
AT NAKURU
CORAM: CHESONI, C.J., GICHERU & BOSIRE, JJ.A.
CRIMINAL APPEAL NO. 5 OF 1998

BENARD ZAKAYO MUSE ...................................APPELLANT

AND

REPUBLIC .............................................RESPONDENT

(Appeal from a conviction & sentence of the High Court of
Kenya at Eldoret (Nambuye J) dated 23rd September, 1997
in
H.C.CR.C. NO. 28 OF 1995)
*****************

JUDGMENT OF THE COURT

The Respondent (Republic) does not support the appellant's conviction of accessory after the fact contrary to Section 396 (1) as read with Section 397 of the Penal Code, which conviction was passed by Nambuye J. In the result, we allow the appeal, quash the conviction, set aside the sentence and set the appellant free forthwith unless otherwise lawfully held. The reasons to be given on 6th March, 1998 at 9.00 a.m. at Nairobi.
Dated and delivered at Nakuru this 26th day of February, 1998.

Z. R. CHESONI

CHIEF JUSTICE

J. E. GICHERU

JUDGE OF APPEAL

S. E. O. BOSIRE

JUDGE OF APPEAL

I certify that this is a true copy of the original.
DEPUTY REGISTRAR

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