Erick Mwalughongo v Republic [2004] KEHC 1510 (KLR)

IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO. 239 OF 2003 (From Original Conviction and Sentence in Criminal Case No. 316 of 2003 of the Principal Magistrate’s Court at Voi E.K. Mwaita Esq., DM) ERICK MWALUGHONGO ………………………….. APPELLANT - Versus - REPUBLIC ……………………………………………. RESPONDENT J U D G M E N T

This appellants trial was conducted by a corporal of police who is below the rank of Assistant Inspector of police. That is in contravention of section 85(2) of the Criminal Procedure Code. Consequently I declare the trial a nullity and quash the conviction and set aside the sentence. As the State is not seeking a retrial I order that the appellant be released forthwith unless otherwise lawfully held. DATED this 29th day of March 2004. D.K. Maraga Ag. JUDGE