JULIUS NDUNGU KARUKU vs REPUBLIC [2002] KEHC 502 (KLR)

Citation: JULIUS NDUNGU KARUKU vs REPUBLIC [2002] KEHC 502 (KLR)
Media Neutral Citation: [2002] KEHC 502 (KLR)
Court: High Court
Court station: High Court at Nairobi (Milimani Law Courts)
Outcome: Allowed
Case number: ? 1154 of 2001
Alternative citations: JULIUS NDUNGU KARUKU vs REPUBLIC[2002] eKLR
Judgment date: 10 December 2002
Language: English
Type: Judgment

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REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL APPEAL NO. 1154 OF 2001

FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL

CASE NO. 2222 OF 2001 OF 2001 OF THE S.P. MAGISTRATE’S

COURT AT THIKA

JULIUS NDUNGU KARUKU………………………………..APPELLANT

VERSUS

REPUBLIC………………………………………………..…RESPONDENT

J U D G M E N T

The learned counsel for the republic rightly asks for a re-trial and with respect I agree. I do not deem it necessary to say more as this may prejudice the said retrial. The order that follows is that this appeal is allowed conviction quashed and sentence set aside.

The appellant shall be presented before the senior Principal magistrate, Thika on 13th December 2002 or as soon as a fresh charge sheet is drawn for a retrial.

Orders accordingly.

Dated and delivered at Nairobi this 10th day of December, 2002.

MBOGHOLI MSAGHA

JUDGE

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