REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Criminal Appeal 7 of 2006 PAUL GACHANJA……………………………....……………APPELLANT VERSUS REPUBLIC………………………………………………….RESPONDENT JUDGMENT The state does not support conviction and Judgment in the lower court the evidence was not supportive of the conviction. He was not identified. The state counsel therefore concedes this appeal. Mr. Gacheru agrees with the state counsel that the Trial Magistrate misdirected himself in reaching his Judgment (see J 6, line 24.) In the circumstances I find that the appeal must be allowed. I quash conviction and set aside Judgment. The Appellant shall be set at liberty forthwith unless otherwise lawfully held. It is so ordered. J. N. KHAMINWA JUDGE 15/5/2008 Khaminwa – Judge Njue- Clerk Mr. Omwega for Republic Appellant not present Read in open court. J. N. KHAMINWA JUDGE
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