Case Metadata |
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| Case Number: | crim app 348 of 03 |
|---|---|
| Parties: | PETER AYORA MASAKI vs REPUBLIC |
| Date Delivered: | 03 Mar 2004 |
| Case Class: | Criminal |
| Court: | High Court at Kisii |
| Case Action: | |
| Judge(s): | Bauni K |
| Citation: | PETER AYORA MASAKI 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 |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO.348 OF 2003
(From original conviction and sentence of the Senior Resident Magistrate’s
court at Nyamira in Criminal Case No.805 of 2003 – MR. PETER MULWE ESQ.,D.M.II)
PETER AYORA MASAKI …………………………………….. APPELLANT
RULING
I have considered the application and objection. I too gone through the proceeding and memorandum of appeal. One ground of appeal is that the prosecution in the lower court was conducted by a police constable who is an unqualified person. This court is line to the court of appeal decision in CR. APPL. NO.217 OF 2003. I think in the light of that decision the appeal has high chances of success. The appellant has been in jail for about 3 months now. I find the application is reasonable and allowthesame.
Accused be released on his own bond of shs.20,000/= with one surety of similar amount.
VERSUS
REPUBLIC ……………………………………………………. RESPONDENT
Dated and delivered on 3rd March 2004.
KABURU BAUNI
JUDGE.
Mr. Soire H/B for Mr. Mogere for Applicant
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