REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI
(CORAM: KWACH, SHAH & BOSIRE, JJ.A.)
CRIMINAL APPEAL NO. 123 OF 2001
CHARLES NGAMAU KAHUHA .................................. APPELLANT
AND
REPUBLIC .............................................. RESPONDENT
(Appeal from a Judgment of the High Court of Kenya at Nyeri
JUDGMENT OF THE COURT
BETWEEN
(Justice Juma) dated 8th February, 1999
in
H.C.CR.A. NO. 432 OF 1998)
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Mr. Oluoch for the State, concedes, quite properly, that the summary rejection by the superior court (Juma, J.) was erroneous as there was sufficient material which qualified the appeal before the High Court for admission and hearing. Additionally the State would like to inquire, at the appeal hearing, into the legality or otherwise of sentence as the facts as found may tend to show that a conviction under section 296(2) of the Penal Code was warranted. All these factors were obviously not looked into by the learned Judge when he summarily rejected High Court Criminal Appeal No. 432 of 1998. For these reasons we allow this appeal and direct that Criminal Appeal No. 432 of 1998 in the High Court be admitted and be heard by a Judge other than Juma, J.
I certify that this is a true copy of the original.
DEPUTY REGISTRAR