Case Metadata |
|
| Case Number: | Criminal Appeal 138, 139 & 140 of 2007 |
|---|---|
| Parties: | MUSIA MUTUNGI, KIMANTHI MUTHAMA & KYALO MAWEU v REPUBLIC |
| Date Delivered: | 12 Nov 2009 |
| Case Class: | Criminal |
| Court: | High Court at Machakos |
| Case Action: | Judgment |
| Judge(s): | N/A |
| Citation: | MUSIA MUTUNGI & 2 others v REPUBLIC [2009] 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 |
MUSIA MUTUNGI ..……………………………………………………………….. 1ST APPELLANT
KIMANTHI MUTHAMA ………………………………………………………….. 2ND APPELLANT
KYALO MAWEU …………………………………………………………………… 3RD APPELLANT
VERSUS
REPUBLIC …………………………………………………………………………….. RESPONDENT
(Appeal from a Judgment of the Resident Magistrate’s Court at Kilungu (Hon. P.M. Kariuki RM) dated 11th July 2007)
in
(RM’S CR.C. No. 84 of 2006)
*************************
JUDGMENT
1. The Appellants were all charged with the offence of defilement contrary to Section 145 (1) of the Penal Code.
2. Upon trial, the three were convicted and sentenced to serve 15 years in prison each.
3. I have now read the judgment. It is not a judgment as it contravenes Section 169 of the Criminal Procedure Code.
4. Since there is no objection; H.C.Cr.Appeals Nos. 138, 139 and 140/2007 are all consolidated and for the above reason only are allowed. The convictions are quashed, sentences set aside.
5. The Appellants shall however be retried at Kilungu SRM’S Court. Mention on 16/11/2009 before Kilungu SRM’s Court.
6. Orders accordingly.
Dated and delivered at Machakos this 12th day of November 2009.
ISAAC LENAOLA
JUDGE
Please Wait. Searching ...