REPUBLIC OF KENYA JOHN KINYUA GATONGU…………….....…………APPELLANT VERSUS REPUBLIC …………………….…….…………….RESPONDENT JUDGMENT In the circumstances that the State Counsel does not support the conviction and sentence. I have considered the submission of Counsel, the grounds of appeal argued and the inconsistencies of PW1. I now allow the appeal and quash conviction and set aside sentence. The Appellant shall be released forthwith. Dated on this 17th day of July, 2006. J.N. KHAMINWA JUDGE
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