PETER AYORA MASAKI vs REPUBLIC [2004] KEHC 1815 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL APPEAL NO.348 OF 2003

(From original conviction and sentence of the Senior Resident Magistrate’s

court at Nyamira in Criminal Case No.805 of 2003 – MR. PETER MULWE ESQ.,D.M.II)

PETER AYORA MASAKI …………………………………….. APPELLANT VERSUS REPUBLIC ……………………………………………………. RESPONDENT

RULING

I have considered the application and objection. I too gone through the proceeding and memorandum of appeal. One ground of appeal is that the prosecution in the lower court was conducted by a police constable who is an unqualified person. This court is line to the court of appeal decision in CR. APPL. NO.217 OF 2003. I think in the light of that decision the appeal has high chances of success. The appellant has been in jail for about 3 months now. I find the application is reasonable and allowthesame.Accused be released on his own bond of shs.20,000/= with one surety of similar amount.

Dated and delivered on 3rd March 2004.

KABURU BAUNIJUDGE.

Mr. Soire H/B for Mr. Mogere for Applicant