Paul Gachanja v Republic [2008] KEHC 2526 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU

Criminal Appeal 7 of 2006

PAUL GACHANJA……………………………....……………APPELLANT

VERSUS

REPUBLIC………………………………………………….RESPONDENT

JUDGMENT

The state does not support conviction and Judgment in the lower court the evidence was not supportive of the conviction.  He was not identified.  The state counsel therefore concedes this appeal.  Mr. Gacheru agrees with the state counsel that the Trial Magistrate misdirected himself in reaching his Judgment (see J 6, line 24. )

In the circumstances I find that the appeal must be allowed.  I quash conviction and set aside Judgment.  The Appellant shall be set at liberty forthwith unless otherwise lawfully held.

It is so ordered.

J. N. KHAMINWA

JUDGE

15/5/2008

Khaminwa – Judge

Njue- Clerk

Mr. Omwega for Republic

Appellant not present

Read in open court.

J. N. KHAMINWA

JUDGE