Case Metadata |
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| Case Number: | crim app 241 of 02 |
|---|---|
| Parties: | FRANCIS MUNGANIA vs REPUBLIC |
| Date Delivered: | 20 Jan 2004 |
| Case Class: | Criminal |
| Court: | High Court at Mombasa |
| Case Action: | |
| Judge(s): | Joyce Nuku Khaminwa |
| Citation: | FRANCIS MUNGANIA vs REPUBLIC[2004] 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 |
Magistrate’s Court at Mombasa –K. Muneeni - R.M.)
FRANCIS MUNGANIA………………………………………APPELLANT
=V E R S U S=
REPUBLIC………………………………………………..…RESPONDENT
J U D G M E N T
This appeal arises out of a trial conducted by a Police Constable. This is contrary to Section 85 Criminal Procedure Code and that the trial is a nullity. This is conceded by the State (Ms Kwena).
The Appellant was sentenced to 4 years jail and has been in jail since June 2002. He has served a substantial part of sentence. The State does not apply for retrial. I find that this is not a suitable case for retrial and I do not order so.
The result is that the appeal is allowed therefore, conviction quashed and sentence set aside. The Appellant shall be set free forthwith unless he is otherwise lawfully detained.
Dated at Mombasa this 20th day of January, 2004.
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