MISHECK KARIUKI NJOKA vs REPUBLIC [2004] KEHC 1867 (KLR)

IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL APPEAL NO. 18 OF 2003 MISHECK KARIUKI NJOKA………..………...…APPELLANT VERSUS REPUBLIC………………………………………..RESPONDENT JUDGMENT

Appeal No. 17 of 2003 filed by Misheck Kariuki Njoka and appeal No.18 of 2003 filed by Gibson Njiru Wanjau consolidated for hearing.

Misheck Kariuki Njoko is said to have been released from jail on the presidential amnesty and is not present for his appeal.

However the learned state counsel does not oppose any of the appeals.

Accordingly, each appeal is hereby allowed. The conviction of each Appellant quashed and the sentence imposed upon each Appellant set aside.

The Appellant Gibson Njiru Wanjau who is still in jail be set at liberty forthwith unless lawfully detained in some other cause.

Dated this 4th day of March 2004. J.M. KHAMONI JUDGE