REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Criminal Appeal 43 of 2004 (Appeal arising from the original conviction in Criminal Case Number 964 of 2003 of the Chief Magistrate’s Court at Nyeri by M. R. Gitonga – P.M.) JAMES MAINA WANJIRA…………………..........................................……………….APPELLANT VERSUS REPUBLIC…………………………......................................………………………..RESPONDENT JUDGMENT James Maina Wanjira hereinafter referred to as the appellant was tried and convicted by the Principal Magistrate Nyeri on two counts of the offence of Robbery with violence. He was sentenced to the mandatory death sentence and has now appealed against conviction and sentence. Learned Principal State Counsel Mr. Orinda has conceded the appeal as the prosecution in the Lower Court was partly conducted by Senior Sgt. Kigera a person who was not competent to prosecute under section 85 (2) of the Criminal Procedure Code. We concur with learned State Counsel and do allow this appeal, quash the convictions and set aside the sentence imposed. The appellant shall be set free unless otherwise lawfully held. Dated, signed and delivered this 28th September 2006. J. M. KHAMONI JUDGE H. M. OKWENGU 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.