Case Metadata |
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| Case Number: | Criminal Appeal 52 of 2003 |
|---|---|
| Parties: | GEORGE OMONDI v REPUBLIC |
| Date Delivered: | 29 Sep 2003 |
| Case Class: | Criminal |
| Court: | High Court at Mombasa |
| Case Action: | Judgment |
| Judge(s): | Alex George Aluri Etyang |
| Citation: | GEORGE OMONDI v REPUBLIC[2003] eKLR |
| Court Division: | Criminal |
| Parties Profile: | Individual v Government |
| County: | Mombasa |
| 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 MOMBASA
CRIMINAL APPPEAL 52 OF 2003
GEORGE OMONDI .……….…………………………..……APPELLANT
VERSUS
REPUBLIC ....….…………………………………...….... RESPONDENT
J U D G M E NT
George Omondi, the appellant, was convicted for Shop Breaking and committing a felony contrary to Section 306(a) Penal Code. His conviction cannot be sustained as the prosecution was conducted by unauthorised public prosecutor, namely, Police Constable Mutisya.
Conviction is quashed and sentence of two years and 4 strokes is set aside.
I order a retrial to be held before another magistrate. For this purpose the appellant is to be released from prison custody forthwith and remanded at Changamwe Police Station. He is to be recharged before the Chief Magistrate Mombasa on 3rd October 2003.
Dated and delivered at Mombasa this 29th September 2003.
A.G.A. ETYANG
JUDGE
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