[2006] KEHC 1249 (KLR)
The court found that the trial of the appellant was a nullity because the prosecutor who conducted the proceedings was not qualified in accordance with Section 85(2) of the Criminal Procedure Code. As a result, the conviction for handling stolen property and the sentence imposed could not stand. The court allowed...
Source-derived case information.
- Citation
- [2006] KEHC 1249 (KLR)
- Parties
- Appellant: Teracisio Wambugu Kara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 01 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed. Conviction quashed. Sentence set aside.
- Legal Topics
- Criminal Procedure, Unqualified Prosecutor, Handling Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teracisio Wambugu Kara
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial was a nullity due to the prosecutor not being qualified under Section 85(2) of the Criminal Procedure Code.
- 2 Whether the conviction and sentence for handling stolen property should be quashed.
Ratio Decidendi
The court found that the trial of the appellant was a nullity because the prosecutor who conducted the proceedings was not qualified in accordance with Section 85(2) of the Criminal Procedure Code. As a result, the conviction for handling stolen property and the sentence imposed could not stand. The court allowed the appeal, quashed the conviction, and set aside the sentence, notwithstanding the fact that the appellant had already been released on Presidential Pardon.
Court Disposition
Appeal allowed. Conviction quashed. Sentence set aside.
Orders
- The trial of the appellant is declared a nullity.
- The appeal is allowed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Criminal Appeal 01 of 2004
TERACISIO WAMBUGU KARA ………..................................................………………APPELLANT
VERSUS
REPUBLIC …………………..........................................……………………………. RESPONDENT
( An appeal from the Judgment of M.R. Gitonga, Principal Magistrate, dated 6th
November, 2003;
In
Criminal case No. 52 OF 2003 of the Chief Magistrate’s Court, Nyeri.)
JUDGMENT
Apart from the fact that the learned Provincial State Counsel, Mr. Charles Orinda, conceded this appeal on the ground that the trial was a nullity because the Prosecutor was not qualified in terms of Section 85(2) of the Criminal Procedure Code, we were informed the Appellant who had been sentenced to two years imprisonment on the alternative count of handling stolen property contrary to Section 322(2) of the Penal Code, served part of that sentence before he was released on the Presidential Purdon.
That being the position and notwithstanding the fact that the Appellant is already released, we do hereby declare the trial of the Appellant a nullity . Allow his appeal. Quash his conviction and set aside the sentence imposed upon him.
Dated this 27th day of September, 2006.
J.M.KHAMONI
JUDGE
H.M. OKWENGU
JUDGE