JOHN KINYUA GATONGU v REPUBLIC [2006] KEHC 229 (KLR)

REPUBLIC OF KENYA

JOHN KINYUA GATONGU…………….....…………APPELLANT VERSUS REPUBLIC …………………….…….…………….RESPONDENT

JUDGMENT

In the circumstances that the State Counsel does not support the conviction and sentence.  I have considered the submission of Counsel, the grounds of appeal argued and the inconsistencies of PW1.

I now allow the appeal and quash conviction and set aside sentence.  The Appellant shall be released forthwith.

Dated on this 17th day of July, 2006.

J.N. KHAMINWA

JUDGE