REPUBLIC OF KENYA
JOHN KINYUA GATONGU…………….....…………APPELLANT
VERSUS
REPUBLIC …………………….…….…………….RESPONDENT
JUDGMENT
In the circumstances that the State Counsel does not support the conviction and sentence. I have considered the submission of Counsel, the grounds of appeal argued and the inconsistencies of PW1.
I now allow the appeal and quash conviction and set aside sentence. The Appellant shall be released forthwith.
Dated on this 17th day of July, 2006.
J.N. KHAMINWA
JUDGE