[2020] KEHC 4936 (KLR)
The court found that, in light of the State's concession of the appeal, there was no basis to uphold the conviction and sentence imposed by the trial Magistrate. Accordingly, the conviction was quashed and the sentence set aside, and the appellant was ordered to be released unless otherwise lawfully held.
Source-derived case information.
- Citation
- [2020] KEHC 4936 (KLR)
- Parties
- Appellant: Beth Wangeci Nduati; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 42 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Appeal
- Outcome
- appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully held
- Judges
- LW Gitari
- Legal Topics
- Criminal Appeal, Conviction Quashed, Sentence Set Aside
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Beth Wangeci Nduati
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal
Legal Issues
- 1 Whether the conviction and sentence by the trial Magistrate should be upheld or set aside.
Ratio Decidendi
The court found that, in light of the State's concession of the appeal, there was no basis to uphold the conviction and sentence imposed by the trial Magistrate. Accordingly, the conviction was quashed and the sentence set aside, and the appellant was ordered to be released unless otherwise lawfully held.
Court Disposition
appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully held
Orders
- The conviction by the trial Magistrate is quashed.
- The sentence is set aside.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CR. APPEAL NO. 42 OF 2018
(From original conviction and sentence in Cr. Case No. 918 of 2015 of the Principal Magistrate’s Court at Baricho – E. H. KEAGO – SPM)
BETH WANGECI NDUATI ............................................. APPELLANT
V E R S U S
REPUBLIC ……………………………………………. RESPONDENT
RULING
1. I have noted that the State has conceded the appeal. In the circumstances, the conviction by the trial Magistrate is quashed and the sentence is set aside.
2. The appellant be set at liberty unless she is otherwise lawfully held.
Dated at Kerugoya this 8th day of May 2020.
L. W. GITARI
JUDGE
Order:-
The ruling to apply in file No. Cr. App. 46/2018.
L. W. GITARI
JUDGE