REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUSIA CRIMINAL APPEAL NO 92 OF 2011 SIMON SIDINDI OCHUMBO ………….APPELLANT VERSUS REPUBLIC ……………………………RESPONDENT JUDGMENT 7/3/12 Before: Kimaru J. Mutai – court clerk Mr. Okeyo for State Juma for the appellant Simon Ochumbo – appellant OKEYO I have looked at the entire circumstances of the case, I conceded to the appeal. The evidence on record did not support the charge. JUMA This was a family dispute that got out of hand. It ought not to have been criminalized. The charge ought to have been creating disturbance. COURT In light of the concession by the State counsel, and this court having gone through the proceedings, it was clear that the evidence adduced by the prosecution witnesses did not support the charge. The case wasactually a family dispute. In the premises therefore the appeal filed by the appellant is allowed. His conviction by the trial magistrate is quashed. The one year sentence imposed on him is set aside. The appellant is ordered set at liberty unless otherwise lawfully held. The security deposited in court is hereby ordered released to the surety. Dated , signed and deliverd on 7th March 2012
page 1 of 2
L. KIMARU JUDGE
page 2 of 2