PETER MUTHIKE MURIUKI vs REPUBLIC [2003] KEHC 918 (KLR)

IN THE HIGH COURT OF KENYA AT NYERI HIGH COURT CRIMINAL APPEAL NO. 363 OF 2000 PETER MUTHIKE MURIUKI………………………..……………..APPELLANT VERSUS REPUBLIC…………………………………………………………….RESPONDENT (Appeal from a judgment of the District Magistrate’s Cour t at Gichugu, B. G. Maina, D.M. I, dated 30th August, 2000, in Criminal Case No. 645/2000) JUDGMENT From what Mr. Oluoch the learned State Counsel is saying, there should not have been a conviction. In the circumstances the appeal succeeds and the conviction quashed and the sentence set aside. Unfortunately the sentence is served and the Appellant released. Dated this 10th day of November, 2003. J. M. Khamoni Judge