REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Criminal Appeal 92 of 2004
JOSEPH KITHUMBU NJIRU……………………………………….APPELLANT
VERSUS
REPUBLIC ……………………….…………………….………….RESPONDENT
JUDGMENT
The State Counsel concedes this appeal on ground that the charge sheet is defective contrary to Section 135 CPC on duplicity.
Also the evidence is not sufficient to count the accused with the offence the Trial Magistrate in his judgment says this conviction was arrived and on a rebuttable presumption. I find the prosecution not having proved its case beyond reasonable doubt.
I quash the conviction and set aside the sentence. The appellant shall be set at liberty forthwith unless otherwise lawfully held.
Dated 27TH November, 2006.
J. N. KHAMINWA
JUDGE