crim app 209 of 01

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JOHN THUO MACHARIA vs REPUBLIC[2001] eKLR

Case Metadata
Case Number:	crim app 209 of 01
Parties:	JOHN THUO MACHARIA vs REPUBLIC
Date Delivered:	21 Aug 2001
Case Class:	Criminal
Court:	High Court at Nakuru
Case Action:
Judge(s):	J. KHAMINWA
Citation:	JOHN THUO MACHARIA vs REPUBLIC[2001] 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

IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLANT SIDE
CRIMINAL APPEAL NO.209 OF 2001
(Being an appeal From Original Conviction and Section in Criminal Case
No.929 of 2001 of the Chief Magistrate’s Court at Mombasa – R. Ndubi –
RM)
JONATHAN KYALO ……………………………………... APPELLANT
VERSUS
REPUBLIC ………………………………………………. RESPONDENT
J U D G M E N T

The State does not support this conviction and sentence. Upon perusing the record it is clear that the provision of Section 380 Penal Code were not complied with. No evidence was led to support the charge as required under that Section. I agree with the State Counsel that the offence was not proved beyond reasonable doubt. In the circumstances I set aside conviction and sentence. The appellant shall be set at liberty forthwith unless otherwise lawfully held. Appeal is therefore allowed.
Dated at Mombasa this 21st Day of August, 2001.

J. KHAMINWA

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