REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE HIGH COURT CRIMINAL APPEAL No. 249 OF 2000 (From Original Conviction(s) and Sentence(s) Criminal Case No. 3360 of 1999 Chief Magistrates Court at Thika DAVID MUCHOKI NJERI………………………………APPELLANT VERSUS REPUBLIC………………………………………………RESPONDENT JUDGMENT
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The learned counsel for the Republic concedes this appeal and with respect I agree. The offence with which the appellant was charged required corroboration on all material particulars. This was not provided by the prosecution witnesses.' The defence advanced by the appellant though plausible was never addressed by the learned trial magistrate. The conviction was most unsafe. Accordingly, this appeal is allowed conviction quashed and sentence set aside. The appellant shall be set free Dated and delivered at Nairobi A. JUDGE forthwith unless otherwise lawfully this 21st day of November, MBOGHOLI held. 2001 MSAGHA
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