BENEDICT NGIGE NJOROGE vs REPUBLIC [2003] KEHC 470 (KLR)

IN THE HIGH COURT OF KENYA AT NAIROBI

APPELLATE SIDE

HIGH COURT CRIMINAL APPEAL NO.1087 OF 2001

(From Original Conviction and Sentence in Criminal Case No.4272 of

2000 of The Chief Magistrate’s Court at Thika)

BENEDICT NGIGE NJOROGE………………………. … APPELLANT VERSUS REPUBLIC……………………………………………… RESPONDENT

CONSOLIDATED WITH

CRIMINAL CASE NO.1088 OF 2001

MICHAEL NJOEOGE KAMAU…………………………… APPELLANT VERSUS REPUBLIC……………………….………………………. RESPONDENT CONSOLIDATED WITH

CRIMINAL CASE NO.1088 OF 2001

(From Original Conviction and Sentence in Criminal Case No.4272 of

2000 of the Chief Magistrate’s Court at Thika)

MICHAEL NJOEOGE KAMAU…………………………… APPELLANT

VERSUS

REPUBLIC……………………….………………………. RESPONDENT

JUDGMENT

The learned counsel for the Republic does not support the conviction and with respect we agree. However we do not have the time to write a reasoned judgment today and shall do so on 8th May, 2003. For now the order shall be that there two appeals are allowed, convictions quashed and sentences set aside. The appellants shall be released forthwith unless otherwise lawfully held. Orders accordingly.

Delivered and dated at Nairobi this 11th March, 2000.

MBOGHOLI MSAGHA JUDGE R.M. MUTITU JUDGE