Daniel Ngui Musya v Respondent [2013] KEHC 2170 (KLR)
- Court
- High Court of Kenya
- Case number
- 2170
- Citation
- [2013] KEHC 2170 (KLR)
- Decided
- 9 September 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original conviction and sentenceCoramL.N. MUTENDE
Holding
Order a retrial in the case
Facts
Daniel Ngui Musya was charged with defilement and convicted, sentenced to 21 years imprisonment. The charges were amended on July 7, 2010, but the appellant was not called upon to take the plea.
Issues
- Failure to comply with section 214 of the Criminal Procedure Code
- Failure to comply with section 85(2) of the Criminal Procedure Code
- Relying on contradictory evidence
Reasoning
The evidence will definitely result into a conviction of the appellant, and the appellant will not be prejudiced if a retrial is ordered.
Outcome
Appeal granted, retrial ordered
Orders
- The appellant shall be produced before Kitui Principal Magistrate’s Court for purposes of taking plea on the 16th September 2013
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Sexual Offences Act No. 3 of 2006
Cases cited (2)
- Maliji versus Republic 1966 E.A. 343
- Mwangi versus Republic 1983 KLR 522
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.
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