[2004] KEHC 1867 (KLR)
The court allowed the appeals as the state did not oppose them and found no reason to uphold the convictions. Consequently, the convictions of both appellants were quashed and the sentences set aside. The appellant still in custody was ordered to be released unless otherwise lawfully detained.
Source-derived case information.
- Citation
- [2004] KEHC 1867 (KLR)
- Parties
- Appellant: Misheck Kariuki Njoka; Appellant: Gibson Njiru Wanjau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 18 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; convictions quashed; sentences set aside
- Legal Topics
- Criminal Appeals, Conviction Quashing, Sentence Setting Aside
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Misheck Kariuki Njoka
Appellant
Gibson Njiru Wanjau
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the convictions of the appellants should be quashed and their sentences set aside.
Ratio Decidendi
The court allowed the appeals as the state did not oppose them and found no reason to uphold the convictions. Consequently, the convictions of both appellants were quashed and the sentences set aside. The appellant still in custody was ordered to be released unless otherwise lawfully detained.
Court Disposition
appeal allowed; convictions quashed; sentences set aside
Orders
- Each appeal is allowed.
- The conviction of each appellant is quashed.
Full Case Text
Judgment text and source record
7 paragraphs
IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL APPEAL NO. 18 OF 2003 MISHECK KARIUKI NJOKA………..………...…APPELLANT VERSUS REPUBLIC………………………………………..RESPONDENT JUDGMENT
Appeal No. 17 of 2003 filed by Misheck Kariuki Njoka and appeal No.18 of 2003 filed by Gibson Njiru Wanjau consolidated for hearing.
Misheck Kariuki Njoko is said to have been released from jail on the presidential amnesty and is not present for his appeal.
However the learned state counsel does not oppose any of the appeals.
Accordingly, each appeal is hereby allowed. The conviction of each Appellant quashed and the sentence imposed upon each Appellant set aside.
The Appellant Gibson Njiru Wanjau who is still in jail be set at liberty forthwith unless lawfully detained in some other cause.
Dated this 4th day of March 2004. J.M. KHAMONI JUDGE