Makadara Samuel Mwangi Ndiritu & 2 others v Republic

IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO. 1372 OF 2000 FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO. 5596 OF 2000 OF THE CHIEF MAGISTRATES COURT AT MAKADARA SAMUEL MWANGI NDIRITU…………….…………APPELLANT VERSUS REPUBLIC…………………………….………………RESPONDENT JUDGMENT The learned counsel for republic concedes the appeal and with respect I agree. The evidence adduced amounted to suspicion and nothing more. That alone cannot sustain a conviction. This appeal is accordingly allowed conviction quashed and sentence set aside. If the fine was paid the same shall be refunded. Orders accordingly. MBOGHOLI MSAGHA JUDGE 11th December 2002