JAMES KAROKI NDUNGU vs REPUBLIC [2001] KECA 331 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI
(CORAM: TUNOI, LAKHA & KEIWUA, JJ.A.)
CRIMINAL APPEAL NO. 114 OF 2001
BETWEEN
JAMES KAROKI NDUNGU ..................................
APPELLANT
AND
REPUBLIC .............................................
RESPONDENT
(Appeal from an Order of the High Court of Kenya at Nyeri (Mr.
Justice Juma) dated 24th September, 1999
in
H.C.CR.A. NO. 462 OF 1998)
**************
JUDGMENT OF THE COURT
The appellant appeals against the summary rejection of
his appeal by the superior court (Juma, J.) on 24 September,
1999 under section 352(2) of the Criminal Procedure Code
thereby confirming sentence of 6 years' imprisonment plus 6
strokes of the cane on a charge of robbery contrary to section
296(1) of the Penal Code.
Mr. Oluoch who appeared for the Republic conceded and, in
our view rightly, that the summary dismissal of the appeal by
the superior court was, with respect, wrong. He confirmed
that at least two of the grounds, that is, numbered 4 and 5,
raised points of law which merited consideration.
As Mr. Oluoch did not support the conviction and rightly
so, we do not consider it necessary to go into any further
details. We allow the appeal, quash the conviction and set
aside the sentence. The appellant is ordered to be set free
forthwith unless otherwise lawfully held.
Dated and deli vered at Nyeri this 30th day of October,
2001.
P.K. TUNOI
....................
JUDGE OF APPEAL
A.A. LAKHA
.....................
JUDGE OF APPEAL
M. KEIWUA
................
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR