IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL APPEAL NO. 1372 OF 2000
FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL
CASE NO. 5596 OF 2000 OF THE CHIEF MAGISTRATES COURT AT
SAMUEL MWANGI NDIRITU…………….…………APPELLANT
REPUBLIC…………………………….………………RESPONDENT
The learned counsel for republic concedes the appeal and with respect I agree. The evidence adduced amounted to suspicion and nothing more. That alone cannot sustain a conviction.
This appeal is accordingly allowed conviction quashed and sentence set aside. If the fine was paid the same shall be refunded. Orders accordingly.