REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Criminal Appeal 92 of 2004 JOSEPH KITHUMBU NJIRU……………………………………….APPELLANT VERSUS REPUBLIC ……………………….…………………….………….RESPONDENT JUDGMENT The State Counsel concedes this appeal on ground that the charge sheet is defective contrary to Section 135 CPC on duplicity. Also the evidence is not sufficient to count the accused with the offence the Trial Magistrate in his judgment says this conviction was arrived and on a rebuttable presumption. I find the prosecution not having proved its case beyond reasonable doubt. I quash the conviction and set aside the sentence. The appellant shall be set at liberty forthwith unless otherwise lawfully held. Dated 27TH November, 2006. J. N. KHAMINWA 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.