JUDGMENT
The learned state counsel, Mr. Mureithi, informed the court that the appeal herein was being conceded. The reason for the concession was that there were a number of legal technicalities, which rendered the trial proceedings a nullity.
As the first appellate court, we would ordinarily be obliged to re-evaluate all the evidence on record, and to draw our own conclusions therefrom. We would then also re-evaluate the judgment of the trial court, with a view to ascertaining if it was in compliance with both the evidence adduced, and the applicable law.
But following the respondent’s decision to concede the appeal; and because the basis for the concession is legal technicalities, we shall first give due consideration to the alleged technicalities.
Of course, we are not at all suggesting that the concession by the respondent should sway our decision. Indeed, there may well arise instances in which the appellate court may uphold a judgment and sentence, even though the respondent may hav…