REPULIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI HIGH COURT CRIMINAL APPEAL NO. 102 OF 2002 ISAACKO MARICHO………………………………………APPELLANT VERSUS REPUBLIC……………………………………………..RESPONDENT (Appeal from a judgment of the Resident Magistrate’s Court at Karatina, A. B. L. Musiega, R.M. dated 20th July, 2002 in Criminal Case No. 271/01) Before Hon. J. M. Khamoni Judge Mugo Court Clerk No appearance for Appellant Mr. Oluoch for Respondent Mr. Oluoch: Appellant does not require to be present. Concede the appeal. (1) On evidence, mere suspicion. (2) Prosecution by an unqualified prosecutor. J. M. Khamoni Judge JUDGMENT The above being the position and on the basis of the Court of Appeal’s decision of the case of Roy Richard Eliriema & Another Vs Republic Cr. Appeal No. 67 of 2000 at Mombasa; the trial in this appeal was a nullity. Accordingly this appeal is allowed. The conviction quashed and the sentence set aside. No retrial.
page 1 of 2
The Appellant be set at liberty forthwith unless lawfully detained in some other cause. Dated this 10th day of November, 2003. J. M. Khamoni Judge
page 2 of 2