REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO. 441 OF 2001 From original conviction and Sentence in Criminal Case No. 3808 of 2000 of The Snr. Principal Magistate’s Court at Kiambu JAMES OUMA MUTUKU…………………………………..APPELLANT VERSUS REPUBLIC…………………………………………………..RESPONDENT JUDGEMENT The learned counsel for the republic concedes this appeal and with respect I agree. The evidence of identification and corroboration was lacking and the defence advanced by the appellant was plausible. A reasonable doubt existed in the entire case which should have been accorded to the appellant. The convictions in my judgment were most unsafe. Accordingly this appeal is allowed, conviction quashed and sentence set aside. The appellant shall be set free forthwith unless otherwise lawfully held. Orders accordingly. Dated and delivered at Nairobi this 7th day of November, 2002 MBOGHOLI MSAGHA JUDGE`
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