GEORGE OMONDI v REPUBLIC [2003] KEHC 329 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL APPPEAL 52 OF 2003

GEORGE OMONDI .……….…………………………..……APPELLANT

VERSUS

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

J U D G M E NT

George Omondi, the appellant, was convicted for Shop Breaking and committing a felony contrary to Section 306(a) Penal Code. His conviction cannot be sustained as the prosecution was conducted by unauthorised public prosecutor, namely, Police Constable Mutisya.

Conviction is quashed and sentence of two years and 4 strokes is set aside.

I order a retrial to be held before another magistrate. For this purpose the appellant is to be released from prison custody forthwith and remanded at Changamwe Police Station. He is to be recharged before the Chief Magistrate Mombasa on 3rd October 2003.

Dated and delivered at Mombasa this 29th September 2003.

A.G.A. ETYANG

JUDGE