IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO.365 OF 2003 (From Original Conviction and Sentence in Criminal Case No.501 of 2003 of the Senior Resident Magistrate’s Court at Kilifi – P.M. Mutahi, Esq., - S.R.M.) NYULE MASHA MASHA……………………………………APPELLANT =V E R S U S= REPUBLIC………………………………………………….RESPONDENT JUDGMENT In view of the fact that the trial was conducted contrary to Section 85 Criminal Procedure Code I declare the trial and appeal a nullity. However, the State prays for retrial on several grunds advanced above. The Appellant has nothing to say. The offence charged is of manslaughter and sentence was 4 years imprisonment from November 2003. There is sufficient evidence to support a conviction on a Retrial. For justice to be done in this case I quash I quash conviction and set aside sentence in this appeal. I order for a Retrial at Kilifi before a different Magistrate with jurisdiction. Dated at Mombasa this 3rd day of May, 2004. JOYCE KHAMINWA JUDGE Appellant to appear in Kilifi Court on 10th May, 2004. Remand in custody in the meantime. JOYCE KHAMINWA, J.
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.