|crim app 947 of 93
|EMMANUEL ADIDI ANGUNE vs REPUBLIC
|10 Dec 1995
|High Court at Nairobi (Milimani Law Courts)
|John Micheal Khamoni
|EMMANUEL ADIDI ANGUNE v REPUBLIC eKLR
|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 NAIROBI
CRIMINAL APPEAL NO.947 OF 1993
(From Original Conviction and Sentence in Criminal Case
No.6377 of 1992 of the Chief Magistrates Court at Nairobi,
EMMANUEL ADIDI ANGUNE ............................. APPELLANT
REPUBLIC ......................................... RESPONDENT
J U D G M E N T
Emmanuel Adisi Angune has appealed against his conviction and Sentence. The charge was House breaking and stealing contrary to section 304(1) and 279(b) of the Penal Code, where the Appellant was alleged to have broken into the house of Patricia Nduta Gachuki and stolen one bed cover, two pillow cases and three bedsheets all valued Kshs.1,350/=.
The Learned Trial Magistrate Miss C. Mwangi relied on uncorroborated evidence and unreliable evidence of P.W.3 Sofia Mikali a child of 11 years old who had been dishowned by her relatives and was staying with P.W.1 the complainat in this matter. The evidence of P.W.1 and P.W.2 another child 12 years old, did not corroborate the evidence of P.W.3.
The Learned State Counsel Mrs. Oduor does not support the conviction as there was no sufficient evidence proving the case against the Appellant beyond reasonable doubt.
In the circumstances therefore, the appeal is allowed.
The Appellant's conviction quashed nd the sentence set aside.
The Appellant be released forthwith unless lawfully detained in some other cause.
Dated this 10th day of November, 1995.
Mr. Jilo for the State.