AMOS GITUMA KINYUA v REPUBLIC [2007] KECA 158 (KLR)
- Court
- Court of Appeal
- Case number
- 158
- Citation
- [2007] KECA 158 (KLR)
- Decided
- 26 October 2007
The appeal is allowed, the conviction is quashed, and the sentence of death is set aside. The appellant is ordered to be set at liberty unless otherwise lawfully held.
Facts
The appellant was charged with two counts of robbery with violence. Count 1 alleged that the appellant, on the 24th of November 1999, robbed Johnson Kimathi of Kshs.40,800 and threatened him with actual violence. Count 2 alleged that the appellant robbed Danston Mugambi of Kshs.2500. The trial was conducted by an Inspector of Police and a Police Constable who were not authorized to prosecute the case.
Issues
- The validity of the trial due to the prosecution being conducted by unauthorized officers.
- The admissibility of the evidence presented during the trial.
Reasoning
The trial was nullified due to the prosecution being conducted by unauthorized officers. The evidence presented was not admissible.
Outcome
Appeal allowed, conviction quashed, sentence set aside.
Orders
- The appellant is ordered to be set at liberty unless otherwise lawfully held.
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