[2006] KEHC 2940 (KLR)
The court found that a substantial part of the appellant's trial was prosecuted by a person not qualified under section 85(2) of the Criminal Procedure Code. This procedural irregularity rendered the entire trial a nullity. Additionally, the court agreed with the state counsel that the evidence on record was...
Source-derived case information.
- Citation
- [2006] KEHC 2940 (KLR)
- Parties
- Appellant: Jackson Warui Njeru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 340 of 2002
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed. Conviction quashed. Sentence set aside. Appellant to be released unless otherwise lawfully held.
- Judges
- JM Khamoni
- Legal Topics
- Robbery With Violence, Criminal Procedure Irregularity, Unqualified Prosecutor, Nullity of Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Warui Njeru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial was a nullity due to prosecution by an unqualified prosecutor.
- 2 Whether the evidence adduced was sufficient to support the conviction for robbery with violence.
Ratio Decidendi
The court found that a substantial part of the appellant's trial was prosecuted by a person not qualified under section 85(2) of the Criminal Procedure Code. This procedural irregularity rendered the entire trial a nullity. Additionally, the court agreed with the state counsel that the evidence on record was insufficient to support the conviction for robbery with violence. Consequently, the court declared the trial a nullity, allowed the appeal, quashed the conviction, and set aside the sentence imposed on the appellant.
Court Disposition
Appeal allowed. Conviction quashed. Sentence set aside. Appellant to be released unless otherwise lawfully held.
Orders
- The trial of the appellant is declared a nullity.
- The appeal is allowed.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Criminal Appeal No. 340 of 2002 JACKSON WARUI
JACKSON WARUI
NJERU……………………...................................……………APPELLANT
VERSUS
REPUBLIC………………………...........................……………………………..RESPONDENT
(Being an appeal from the judgment of Abdul El Kindly,
Principal Magistrate, undated, in the Principal Magistrate’s
court, Muranga, Criminal Case No.1599 of 2001
JUDGMENT
The Appellant was convicted of the offence of robbery with violence contrary to section 296 (2) of the penal Code and sentenced to death. He appealed and during the hearing of his appeal, the Provincial State Counsel, Charles Orinda told us that he was not supporting the conviction of the Appellant for the following reasons:
Firstly, a substantial part of the trial of the Appellant was prosecuted by a prosecutor who was not qualified to prosecuted in terms of section 85 (2) of the Criminal Procedure Code. The trial therefore was a nullity.
Secondly, the evidence was not sufficient to support a conviction.
We have looked at the record and we respectively find no good reason to disagree with the learned state counsel.
Accordingly, we do hereby declare the trial of the Appellant a nullity . Allow this appeal. Quash the conviction thereof and set aside the sentence imposed upon the Appellant.
We do order that the Appellant be set at liberty forthwith unless lawfully detained in some other cause.
Dated this 31st day of March, 2006.
J. M. KHAMONI
JUDGE
H. M. OKWENGU
JUDGE
Present
Appellant in Person.
Mr. Orinda for the Republic.
Martin Mwangi – Court clerk