JOSAM MWAONDA MWANCHENGE vs REPUBLIC [2004] KEHC 1842 (KLR)

IN THE HIGH COURT OF KENYA AT KISII CRIMINAL APPEAL NO.280 OF 2003 (From original conviction and sentence of the Senior Resident Magistrate’s Court at Nyamira in Criminal Case No.649 of 2001 –K. W. KIARIE ESQ., S.R.M) ABEL KEVIN MESA ………………………………………………….. APPELLANT VERSUS REPUBLIC ………………………………………………………. RESPONDENT JUDGMENT

I have considered the appeal. Indeed on 21/1/02 the prosecution was led by one P.C. Ambani. This is contrary to the provisions of S.85 C.P.C. He was an unqualified person. I therefore quash both the conviction and the sentence. I direct that there be a retrial before another magistrate. KABURU BAUNI JUDGE. 27/5/2004