[2000] KEHC 413 (KLR)
The court allowed the appeals because the Republic, through its counsel, did not support the convictions. The court agreed with this position and found it appropriate to quash the convictions and set aside the sentences. The appellants were ordered to be released forthwith unless otherwise lawfully held. The court...
Source-derived case information.
- Citation
- [2000] KEHC 413 (KLR)
- Parties
- Appellant: Benedict Ngige Njoroge; Appellant: Michael Njoeoge Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1087 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeals allowed; convictions quashed; sentences set aside; appellants to be released forthwith unless otherwise lawfully held.
- Judges
- A Mbogholi-Msagha, RM Mutitu
- Legal Topics
- Criminal Appeal, Conviction Quashed, Sentence Set Aside
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benedict Ngige Njoroge
Appellant
Michael Njoeoge Kamau
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the convictions of the appellants were safe and should be upheld.
- 2 Whether the sentences imposed by the trial court should stand.
Ratio Decidendi
The court allowed the appeals because the Republic, through its counsel, did not support the convictions. The court agreed with this position and found it appropriate to quash the convictions and set aside the sentences. The appellants were ordered to be released forthwith unless otherwise lawfully held. The court indicated that a reasoned judgment would be delivered at a later date, but the operative orders were made immediately due to time constraints.
Court Disposition
appeals allowed; convictions quashed; sentences set aside; appellants to be released forthwith unless otherwise lawfully held.
Orders
- The two appeals are allowed.
- Convictions quashed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE HIGH COURT CRIMINAL APPEAL NO.1087 OF 2001
(From Original Conviction and Sentence in Criminal Case No.4272 of 2000 of The Chief Magistrate’s Court at Thika)
BENEDICT NGIGE NJOROGE………………………. … APPELLANT VERSUS REPUBLIC……………………………………………… RESPONDENT CONSOLIDATED WITH CRIMINAL CASE NO.1088 OF 2001
(From Original Conviction and Sentence in Criminal Case No.4272 of 2000 of the Chief Magistrate’s Court at Thika)
MICHAEL NJOEOGE KAMAU…………………………… APPELLANT VERSUS REPUBLIC……………………….………………………. RESPONDENT
JUDGMENT
The learned counsel for the Republic does not support the conviction and with respect we agree. However we do not have the time to write a reasoned judgment today and shall do so on 8th May, 2003.
For now the order shall be that there two appeals are allowed, convictions quashed and sentences set aside. The appellants shall be released forthwith unless otherwise lawfully held. Orders accordingly.
Delivered and dated at Nairobi this 11th March, 2000.
MBOGHOLI MSAGHA
JUDGE
R.M. MUTITU
JUDGE