There is an error in proceedings. The 2nd accused who is the Applicant in this case pleaded not guilty to the charge and was not tried yet he was convicted. The proceedings are defective and the file is returned to the court below for a proper trial of the Applicant, who was the 2nd accused in the case, to be undertaken.
In the premises, the sentence of three (3) years imprisonment which he is currently serving is quashed and he shall be taken before the Chief Magistrate Mavoko Law Courts on 4th August, 2025 for directions.
It is so ordered.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY THIS 31ST DAY OF 2025
In the premises, the sentence of three (3) years imprisonment which he is currently serving is quashed and he shall be taken before the Chief Magistrate Mavoko Law Courts on 4th August, 2025 for directions.
It is so ordered.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY THIS 31ST DAY OF 2025