Case Metadata |
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| Case Number: | crim app 1303 of 02 |
|---|---|
| Parties: | AMIN MOHAMED KHAN vs REPUBLIC. |
| Date Delivered: | 11 Apr 2003 |
| Case Class: | Criminal |
| Court: | High Court at Nairobi (Milimani Law Courts) |
| Case Action: | |
| Judge(s): | Robert Mugo Mutitu |
| Citation: | AMIN MOHAMED KHAN vs REPUBLIC.[2003] eKLR |
| 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 NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.1303 OF 2002
(From Original Conviction and Sentence in Criminal Case
No.2540 of 2002 of the Chief Magistrate’s Court at Nairobi)
AMIN MOHAMED KHAN……………………………….. APPELLANT
VERSUS
REPUBLIC.…………………………………………. RESPONDENT
JUDGEMENT
The appellant has appealed against his conviction and sentence in Cr. Case No.2590/02 wherein he was sentenced to 2 years imprisonment by the Nairobi Senior Principal Magistrate Mr. Indeche. At the time of arguing this appeal the state conceded to the appeal. I have carefully studied the lower Courts proceedings.
I have no reason to disagree with the learned state counsel that the appeal should not succeed from my perusal of the lower court’s proceedings I am satisfied that the trial magistrate should have given the appellant the benefit of doubt in this case. I therefore allow this appeal and quash the appellant’s conviction. The appellant will be set at liberty unless he is lawfully held. Order accordingly.
JUDGE
Delivered, dated and signed in open court in the presence of Mr. Monda for the state and in the presence of the appellant.
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