Customer Support

JOSEPH WANJOHI MAINA & 3 OTHERS
V.
REPUBLIC

(2008) JELR 100572 (CA)

Court of Appeal 15 Feb 2008 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 236 of 2002
Judges:Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Philip Nyamu Waki
Location:Nairobi
Other Citations:Joseph Wanjohi Maina & 3 others v. Republic [2008] eKLR

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.