Migot v Republic [1991] KECA 5 (KLR)
- Court
- Court of Appeal
- Case number
- 5
- Citation
- [1991] KECA 5 (KLR)
- Decided
- 3 December 1991
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a conviction and sentence for handling stolen goodsCoramJOHN MWANGI GACHUHI, A. M COCKAR, RIAGA S OMOLO
Holding
The appeal is dismissed, and the appellant should be taken before the Principal Magistrate for arrangements to be made for the re-trial without any delay.
Facts
The appellant was charged with robbery with violence and handling stolen goods. He was acquitted of robbery but convicted of handling stolen goods and sentenced to 6 years' imprisonment. The conviction was quashed and a re-trial ordered.
Issues
- Whether the order for re-trial was justified
- Whether the appellant's prejudice would be caused by a re-trial
Reasoning
The court found no fatal error in the way the Principal Magistrate dealt with the matter, and the re-trial is ordered to cure the defect in the proceedings.
Outcome
Appeal dismissed
Orders
- Arrangements for the re-trial should be made for the appellant without any delay
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…