DANIEL KOIBURI NGIGE vs REPUBLIC [2003] KEHC 445 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT NAIROBI

CRIMINAL APPEAL NO. 158 OF 2001

BETWEEN

JOHN OCHIENG WAGUNDA  ...............................APPELLANT AND REPUBLIC  ..........................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Oguk J) dated 22nd June, 1994 in H.C.Criminal Rev. No. 20 of 1994) *************

Between

John Ochieng Wagunda ................................Appellant And Republic  ..........................................Respondent

In Court  this 19thday of July, 2002 Before: the Honourable Mr. Justice Omolo, a Judge of Appeal, the Honourable Mr. Justice Tunoi, a Judge of Appeal, and the Honourable Mr. Justice O'Kubasu, a Judge of Appeal,

O R D E R

THIS APPEAL coming up for hearing on the 15th day of July, 2002 AND UPON HEARINGM.O.N. Odero, Esq., Counsel for the appellant and J.N. Nyamosi (Miss), Esq., Counsel for the respondent, when the appeal was stood over for judgment and this appeal coming up for judgment this dayIT IS ORDEREDthat this appeal be and is hereby allowed set aside the orders made by the magistrate and confirmed by the superior court. IT IS FURTHER ORDERED that if the fine of KShs.1,400/- was paid by the appellant that money must be refunded to him. GIVEN under my hand and the Seal of the Court at Nairobi the 19th day of June, 2002.

W. OUKO REGISTRAR Extracted on 19th July, 2002. I certify that this is a true copy of this original. REGISTRAR