TERACISIO WAMBUGU KARA v REPUBLIC [2006] KEHC 1249 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Criminal Appeal 01 of 2004

TERACISIO WAMBUGU KARA ………..................................................………………APPELLANT

VERSUS

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

( An appeal from the Judgment  of M.R. Gitonga, Principal Magistrate, dated 6th

November, 2003;

In

Criminal case No. 52 OF 2003  of the Chief Magistrate’s Court, Nyeri.)

JUDGMENT

Apart from the fact that the learned Provincial State Counsel, Mr. Charles Orinda, conceded this appeal on the ground that the trial was a nullity because the Prosecutor  was not qualified in terms of Section 85(2) of the Criminal  Procedure Code, we  were informed  the Appellant  who had been sentenced  to two years imprisonment  on  the alternative  count of handling stolen property contrary to Section  322(2) of the Penal Code, served part of that sentence before he was released on the Presidential Purdon.

That being the position  and notwithstanding the fact that the Appellant is already released,  we  do hereby declare the trial of the Appellant  a nullity . Allow his appeal.  Quash  his conviction and set aside the sentence imposed upon him.

Dated this 27th day of September, 2006.

J.M.KHAMONI

JUDGE

H.M. OKWENGU

JUDGE