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The High Court allowed a corruption appeal, holding that major contradictions in the prosecution evidence meant the charges were not proved beyond reasonable doubt.
The trial court's failure to read and explain the charge and take the appellant's plea after preliminary hearing and before commencement of prosecution case, as well as failure to record the facts of the case in the proceedings, are fatal procedural irregularities that render the entire proceedings, conviction, and sentence a nullity.
Source excerpt
The High Court upheld a conviction for solicitation and incitement to commit an offence, but remitted the sentence and compensation order for lawful confirmation.
The High Court allowed the Republic’s appeal in a corruption case, set aside the acquittal, and directed conviction and sentencing of Omari Kusaga.
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