Automated Summary
Key Facts
The High Court of Kenya at Nyeri allowed the appeal (No. 202 of 2003) filed by Solomon Chege Kimea against the Republic. The learned State Counsel Mr. Obuo conceded the appeal after hearing submissions from the Appellant's advocate Luy W. Mwai. The court quashed the Appellant's conviction and set aside the sentence, directing his immediate release unless lawfully detained in another matter. The decision was dated 27th October 2003 by Judge J. M. Khamoni.
Holdings
- The Appellant is to be released unless detained for another lawful cause.
- The appeal is allowed. Conviction of the Appellant quashed and the sentence set aside.
Remedies
- Conviction of the Appellant quashed and the sentence set aside.
- The appeal is allowed.
- Sentence set aside.
- The Appellant, if detained in this matter, be released forthwith unless lawfully detained in some other cause.
Judge Name
J. M. Khamoni
Passage Text
- 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.