James Mulama v Republic [1975] KEHC 1 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

APPELLATE SIDE

CRIMINAL CASE NO 1253 OF 1975

JAMES MULAMA……………..………. APPELLANT

VERSUS

THE REPUBLIC………………….………..REPUBLIC

JUDGMENT

This case has occasioned us some concern. The appellant was charged with two counts of conspiracy and the charges were laid as being committed with a named accused and others, but state counsel who does not support the convictions says that the evidence could only point to the appellant and his co-accused having committed the offences and no-one else; so that he was unable to support the appellant’s conviction, his coaccused having been acquitted. With respect, it is unfortunate that it must be so because with specific offences rather than conspiracy charges the situation would no doubt be very different.

If on a charge of conspiracy all the accused but one are acquitted that one has to be acquitted also unless it is charged and proved that someone else not named in the charge has been part of the conspiracy.

That is the law as stated in various cases including R v Manning(1883) 12 QBD 241 to which state counsel drew our attention.

Courts do not look and never have looked kindly at conspiracy charges brought instead of specific offences and this case illustrates the dangers attendant upon the police embarking upon conspiracy charges when specific charges are available. We have no alternative but to allow the appeal, which we do.

Convictions quashed.

Dated and Delivered at Nairobi this 15th Day of December 1975

E. TREVELYAN

………….

JUDGE

CHANAN SINGH

……………..

JUDGE