Lempempa v Director of Public Prosecution (Criminal Revision E027 of 2025) [2025] KEHC 19450 (KLR) (31 July 2025) (Ruling) Neutral citation: [2025] KEHC 19450 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS CRIMINAL REVISION E027 OF 2025 EN MAINA, J JULY 31, 2025 BETWEEN SAITATI LEMPEMPA .............................................................................. APPLICANT AND DIRECTOR OF PUBLIC PROSECUTION ...................................... RESPONDENT RULING 1. There is an error in proceedings. The 2nd accused who is the Applicant in this case pleaded not guilty to the charge and was not tried yet he was convicted. The proceedings are defective and the file is returned to the court below for a proper trial of the Applicant, who was the 2nd accused in the case, to be undertaken. 2. In the premises, the sentence of three (3) years imprisonment which he is currently serving is quashed and he shall be taken before the Chief Magistrate Mavoko Law Courts on 4th August, 2025 for directions. It is so ordered. RULING SIGNED, DATED AND DELIVERED VIRTUALLY ON THIS 31ST DAY OF JULY 2025. E.N. MAINA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19450/eng@2025-07-31 1
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