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|Case Number:||crim case 64 of 02|
|Parties:||JOHN KINYUA GITICHE vs REPUBLIC|
|Date Delivered:||01 Jul 2003|
|Court:||High Court at Nyeri|
|Judge(s):||John Micheal Khamoni|
|Citation:||JOHN KINYUA GITICHE vs REPUBLIC eKLR|
|History Advocates:||Neither party represented|
|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|
I have read the record of the evidence before the trial District Magistrate and I hold the opinion that the case was poorly prosecuted as from that disjointed evidence it cannot be said that the offences of store breaking and stealing contrary to Sections 304(a) and 279(b) of the Penal Code were proved against the Appellants beyond reasonable doubt.
Accordingly, these two appeals No. 64 of 2002 by JOHN KINYUA GITICHE, and No. 175 of 2002 by CHRISTOPHER MWANGI WANDERI, are both allowed. The conviction of each Appellant quashed and the sentences set aside. The Appellants be set at liberty forthwith unless lawfully detained in some other cause.