Damian michael Ndohero and another vs Republic
The absence of a valid transfer order from the High Court to the magistrates who conducted the plea, preliminary hearing, and trial rendered the proceedings, judgment, and consequential orders a nullity. Additionally, the prosecution's evidence was marred by procedural irregularities, particularly regarding the disposal of perishable exhibits without the appellants' participation, making a retrial inappropriate.
Source excerpt
- Jurisdiction of magistrates with extended jurisdiction
- Validity of transfer orders
- Trafficking in narcotic drugs
- Admissibility of evidence
- Procedural irregularities