[2001] KEHC 362 (KLR)
The court found that the record supported the reasons advanced by the counsel for the Republic in conceding the appeal. The appellant's actions did not warrant condemnation, and the conviction and sentence were not justified. Therefore, the appeal was allowed, the conviction quashed, and the sentence set aside. The...
Source-derived case information.
- Citation
- [2001] KEHC 362 (KLR)
- Parties
- Appellant: Yunis Mohammed Dada; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1066 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction quashed; sentence set aside
- 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
Yunis Mohammed Dada
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction and sentence against the appellant were proper in light of the record and arguments advanced by counsel for the Republic.
Ratio Decidendi
The court found that the record supported the reasons advanced by the counsel for the Republic in conceding the appeal. The appellant's actions did not warrant condemnation, and the conviction and sentence were not justified. Therefore, the appeal was allowed, the conviction quashed, and the sentence set aside. The conditions for the appellant's release on bail were vacated, and any cash bail paid was ordered to be refunded.
Court Disposition
appeal allowed; conviction quashed; sentence set aside
Orders
- The appeal is allowed.
- The conviction is quashed.
Full Case Text
Judgment text and source record
1 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO 1066 OF 2001 (FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO 1772 OF 1996 OF THE CHIEF MAGISTRATE’S COURT AT NAIROBI) YUNIS MOHAMMED DADA…………………….…….……APPELLANT VERSUS REPUBLIC…………………………………………………..RESPONDENT JUDGMENT The learned counsel for the Republic concedes this appeal and with respect I agree. The record supports the reasons advanced by the learned counsel and if anything the appellant ought to have been commended for his efforts not condemned. Accordingly, this appeal is allowed conviction quashed and sentence set aside. The appellant is out on bail pending the outcome of this appeal. The appeal having succeeded, the conditions for his release are now vacated and if he paid any cash bail the same should be refunded to him forthwith. Orders accordingly. Dated and delivered at Nairobi this 19th day of December, 2001 MBOGHOLI MSAGHA JUDGE