SAMMY KARANI vs REPUBLIC [2003] KEHC 473 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL APPEAL NO.1 OF 2003 (Being an appeal from original conviction and Sentence in Criminal Case No.2883 of 2002 of the Resident Magistrate’s Court at Mombasa ) SAMMY KARANI ………...…………………………………APPELLANT VERSUS REPUBLIC …………………………………………...….... RESPONDENT J U D G M E NT

Appellant’s appeal against conviction and sentence is allowed due to the fact that prosecution was conducted by unauthorised public prosecutor. On the issue of a retrial, appellant was found with 4 rolls of Bhang and has served about nine months in prison. This is enough punishment. I decline to order a retrial.

Appellant be released from prison forthwith unless he is lawfully held. Dated and delivered at Mombasa this 29th September 2003. A.G.A. ETYANG JUDGE