SOLOMON CHEGE KIMEA vs REPUBLIC[2003] eKLR

Kenya Law

Automated Summary

Key Facts

The appeal was allowed, the Appellant's conviction was quashed, and the sentence set aside. The Appellant is to be released unless lawfully detained in another cause.

Holdings

The appeal is allowed. The Appellant's conviction is quashed, and the sentence is set aside. The Appellant is to be released unless lawfully detained for another cause.

Remedies

  • The appeal is allowed.
  • Conviction of the Appellant is quashed.
  • Sentence of the Appellant is set aside.
  • The Appellant is to be released if detained in this matter, unless lawfully detained in another cause.

Judge Name

J. M. Khamoni

Passage Text

  • The Appellant, if detained in this matter, be released forthwith unless lawfully detained in some other cause.
  • The learned State Counsel Mr. Obuo concedes the appeal and I find no reason to take a different line. He did so after hearing submissions by the Appellant's advocate Luy W. Mwai.
  • That being the position, this appeal is allowed. Conviction of the Appellant quashed and the sentence set aside.