GEORGE GICHIRIRI MURIAMA vs REPUBLIC [2001] KEHC 260 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPEAL NO. 566 OF 2000

(From Original Conviction and sentence in CR. Case No. 10948 of 2000 Chief Magistrates Court at Makadara) GEORGE GICHIRIRI MURIAMA……….APPELLANT/APPLICANT VERSUS REPUBLIC……………………………………………..RESPONDENT J U D G M E N T

The learned trial magistrate did not indicate in his record which language was used in the proceedings. The learned counsel for the Republic concedes the appeal and with respect I agree. She has asked for a retrial which is not objected to by the learned counsel of the appellant. Accordingly, this appeal is allowed conviction quashed and sentence set aside. There shall be a retrial before another court of competent jurisdiction. Orders accordingly. Dated and delivered at Nairobi this 25th day of July, 2001.

A. MBOGHOLI MSAGHAJUDGE