[1998] KECA 94 (KLR)
The Court of Appeal found that the conviction of the appellant as an accessory after the fact was not supported by the evidence or the law under Section 396(1) as read with Section 397 of the Penal Code. The respondent (Republic) conceded that the conviction could not be sustained. Consequently, the court allowed...
Source-derived case information.
- Citation
- [1998] KECA 94 (KLR)
- Parties
- Appellant: Benard Zakayo Muse; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 5 of 1998
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully held.
- Legal Topics
- Accessory After the Fact, Conviction Quashed, Penal Code Section 396, Penal Code Section 397
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Zakayo Muse
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction of the appellant as an accessory after the fact was proper under Section 396(1) as read with Section 397 of the Penal Code.
Ratio Decidendi
The Court of Appeal found that the conviction of the appellant as an accessory after the fact was not supported by the evidence or the law under Section 396(1) as read with Section 397 of the Penal Code. The respondent (Republic) conceded that the conviction could not be sustained. Consequently, the court allowed the appeal, quashed the conviction, set aside the sentence, and ordered the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully held.
Orders
- The appeal is allowed.
- The conviction is quashed.
Full Case Text
Judgment text and source record
2 paragraphs
IN THE COURT OF APPEAL AT NAKURU CORAM: CHESONI, C.J., GICHERU & BOSIRE, JJ.A. CRIMINAL APPEAL NO. 5 OF 1998 BENARD ZAKAYO MUSE ...................................APPELLANT AND REPUBLIC .............................................RESPONDENT (Appeal from a conviction & sentence of the High Court of Kenya at Eldoret (Nambuye J) dated 23rd September, 1997 in H.C.CR.C. NO. 28 OF 1995) ***************** JUDGMENT OF THE COURT
The Respondent (Republic) does not support the appellant's conviction of accessory after the fact contrary to Section 396 (1) as read with Section 397 of the Penal Code, which conviction was passed by Nambuye J. In the result, we allow the appeal, quash the conviction, set aside the sentence and set the appellant free forthwith unless otherwise lawfully held. The reasons to be given on 6th March, 1998 at 9. 00 a.m. at Nairobi. Dated and delivered at Nakuru this 26th day of February, 1998. Z. R. CHESONI CHIEF JUSTICE J. E. GICHERU JUDGE OF APPEAL S. E. O. BOSIRE JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR