SILVESTER KELI KAKUMI v REPUBLIC [2003] KECA 17 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA

Criminal Appeal 142 of 2002

SILVESTER KELI KAKUMI ………………………......……………… APPELLANT

AND

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

(Appeal from a Judgment of the High Court of Kenya at Mombasa (Tutui, Commissioner of Assize) dated 14th June, 2002

in

H.C.CR.A. NO. 297 OF 2000)

*******************

JUDGMENT OF THE COURT:

The trial of the appellant was conducted by a Police Corporal.  In view of the decision of this Court in Criminal Appeal No. 67 of 2002 ROY RICHARD ELIREMA & ANOTHER V. REPUBLIC that trial was a nullity. We quash the conviction and set aside the sentence.

In view of the gravity of the offence charged we order that the appellant be re-arrested, charged and tried before another court of competent jurisdiction with a competent prosecutor.

Dated and delivered at Mombasa this 7th day of August, 2003.

R. O. KWACH

…………………………….

JUDGE OF APPEAL

E. O. O’KUBASU

……………………………..

JUDGE OF APPEAL

P. N. WAKI

…………………………….

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR