REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIM APP 268 OF 03 AMOS KARISA TUVA ……………….…………………… APPELLANT VERSUS REPUBLIC …………………..………………………….. RESPONDENT JUDGEMENT In the light of the fact that the prosecution in the lower court was conducted by an unauthorized officer contrary to Section 85(2) CPC, the proceedings were a nullity. Accordingly this appeal is allowed, conviction quashed and the sentence set aside. Appellant to be set at liberty unless otherwise lawfully held. It may not be worthwhile to order a retrial, without the lower court record not being clear on whether the cow allegedly stolen was recovered or not. Judgement accordingly. Delivered on 6th January 2004. J MWERA JUDGE
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