JUDGMENT OF THE COURT
Mr. Kivihya, learned counsel for the Republic, conceded these consolidated appeals, rightly in our view, on the basis of the well-known principles enunciated by this Court in the case of ELIREMA and ANOTHER v. REPUBLIC, [2003] 1 EA 45. The prosecution of the appellants in the subordinate court was throughout the proceedings conducted either by a police corporal or by a police constable, contrary to the then existing provisions of section 85(2) of the Criminal Procedure Code. Nor did Mr. Kivihya ask us to order a retrial and once again, we think Mr. Kivihya was entirely right. The alleged offence on which the four appellants were tried and eventually convicted of was said to have taken place on 12th June, 1997; that is some ten years ago and it would be unreasonable to order a retrial after such a long time. But even more important than the length of time which has passed since the commission of the offence, the evidence on which the appellants were convicted was s…