[2003] KEHC 304 (KLR)
The court allowed all six appeals after the State Counsel conceded the appeals and the court was satisfied that the convictions were unsafe. The court quashed the convictions and set aside the sentences for each appellant, ordering their immediate release unless otherwise lawfully detained. The decision was based on...
Source-derived case information.
- Citation
- [2003] KEHC 304 (KLR)
- Parties
- Appellant: Jameson Ngechu Gitari; Appellant: Philip Mwangi Karuga; Appellant: Michael Mwangi Wahuro; Appellant: Hassan Guyo Mohamed; Appellant: Hassan Mohamed Wako; Appellant: Rashid Abdulla Dida; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 8 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- 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
Jameson Ngechu Gitari
Appellant
Philip Mwangi Karuga
Appellant
Michael Mwangi Wahuro
Appellant
Hassan Guyo Mohamed
Appellant
Hassan Mohamed Wako
Appellant
Rashid Abdulla Dida
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the convictions of the appellants were safe and should be upheld or quashed.
- 2 Whether the sentences imposed on the appellants should be set aside.
Ratio Decidendi
The court allowed all six appeals after the State Counsel conceded the appeals and the court was satisfied that the convictions were unsafe. The court quashed the convictions and set aside the sentences for each appellant, ordering their immediate release unless otherwise lawfully detained. The decision was based on the concession by the State and the arguments on record, indicating that the convictions could not be sustained.
Court Disposition
appeal allowed
Orders
- All six appeals are allowed.
- The conviction of each appellant is quashed.
Full Case Text
Judgment text and source record
14 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
HIGH COURT CRIMINAL APPEAL NO. 8 OF 2000
(ORG. R.M.’S KARATINA CR. CASE 590/99)
1. JAMESON NGECHU GITARI )
2. PHILIP MWANGI KARUGA )
3. MICHAEL MWANGI WAHURO)
4. HASSAN GUYO MOHAMED )………………...............APPELLANTS
5. HASSAN MOHAMED WAKO )
6. RASHID ABDULLA DIDA )
VERSUS REPUBLIC………………………………………………RESPONDENT JUDGMENT
The learned State Counsel, Mr. Obuo, concedes all the appeals No. 8 of 2000 filed by (1) Jameson Gitari Ngechu, No.77 of 2000 filed by (2) Philip Mwangi Karuga, No. 55 of 2000 filed by (3) Michael Mwangi Wahuro, No. 78 of 2000 filed by (4) Hassan Guyo Mohamed, No. 79 of 2000 filed by (5) Hassan Mohamed Wako and No. 80 of 2000 filed by (6) Rashid Abdulla Dida. What he has said in addition to what Mr. S. M. Wahome Counsel for Jameson Gitari Ngechu and Philip Mwangi Karuga told the court is on record.
Accordingly, all these six appeals are hereby allowed. The conviction of each Appellant quashed and the sentence thereof set aside.
Each Appellant be set at liberty forthwith unless lawfully detained in some other cause. Dated this 18th day of September, 2003. J. M. KHAMONI JUDGE