JOSEPHINE MATIHA vs REPUBLIC [2003] KEHC 397 (KLR)

IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL APPEAL NO.360 OF 2002 (Being an appeal from original conviction and Sentence in Criminal Case No.3434 of 2001 of the Chief Magistrate’s Court at Mombasa ) JOSEPHINE MATIHA .….……….……………………..……APPELLANT VERSUS REPUBLIC ……….…………………………………...….... RESPONDENT J U D G M E NT

Appellant’s appeal against conviction and sentence is allowed as the prosecution was conducted by unauthorised public prosecutor.

The appellant as on 1st June 2003 released on Presidential amnesty despite having committed a serious offence. However, no retrial is ordered. Dated and delivered at Mombasa this 29th September 2003. A.G.A. ETYANG JUDGE