REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Criminal Appeal 36 of 2003 STEPHEN GITAU MACHARIA……………....………………………….APPELLANT Versus REPUBLIC……………………………………………………………..RESPONDENT (Being Appeal Against judgment by G. K. Mwaura, Senior Resident Magistrate, in the Senior Principal Magistrate’sCourt at Muranga in Criminal Case No. 1544 of 2001) JUDGMENT This appeal went through a full hearing but as I sit down to write this judgment I discover that Police Constable Machuki conducted a substantial part of the trial. He was not a prosecutor qualified in terms of Section 85(2) of the Criminal Procedure Code. I do not therefore find it necessary to go into what was said during the hearing of this appeal as I find that the trial of the Appellant was a nullity. Accordingly, I do hereby allow this appeal. Quash the conviction of the Appellant and set aside the sentence imposed upon him. He be released forthwith unless lawfully detained in some other cause. Dated this 28th day of February 2005. J. M. KHAMONI JUDGE
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.