AMIN MOHAMED KHAN vs REPUBLIC. [2003] KEHC 458 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL APPEAL NO.1303 OF 2002

(From Original Conviction and Sentence in Criminal Case No.2540 of 2002 of the Chief Magistrate’s Court at Nairobi)

AMIN MOHAMED KHAN……………………………….. APPELLANT VERSUS REPUBLIC.…………………………………………. RESPONDENT

JUDGEMENT

The appellant has appealed against his conviction and sentence in Cr. Case No.2590/02 wherein he was sentenced to 2 years imprisonment by the Nairobi Senior Principal Magistrate Mr. Indeche. At the time of arguing this appeal the state conceded to the appeal. I have carefully studied the lower Courts proceedings.

I have no reason to disagree with the learned state counsel that the appeal should not succeed from my perusal of the lower court’s proceedings I am satisfied that the trial magistrate should have given the appellant the benefit of doubt in this case. I therefore allow this appeal and quash the appellant’s conviction. The appellant will be set at liberty unless he is lawfully held. Order accordingly.

R.M. MUTITU JUDGE Delivered, dated and signed in open court in the presence of Mr. Monda for the state and in the presence of the appellant.

R.M. MUTITU JUDGE 11/4/2003