Judgment[2006] KEHC 212
Case law
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Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appeal 44 & 45 of 2004 BENJAMINE NJOROGE KIMANI…………1ST APPELLANT BENSON ORWA MIDILA..…………………2ND APPELLANT VERSUS REPUBLIC………………………………..…….RESPONDENT (From original conviction and sentence in Criminal Case No.1451 of 2003 of the Senior resident Magistrate’s Court at R. Kirui, SRM) JUDGMENT OF THE COURT The appellants were charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code.
Division and case type: CriminalMiscellaneous Criminal Application
accused persons for trial his Court had become functus officio and could not make any further order thereon. While hearing this constitutional issue, it was submitted before us that after the magistrate committed the accused persons for trial to the High Court counsel tried to draw the learned Chief Magistrate’s attention to the irregularities committed, namely non-compliance with provisions of sections 231 up to 253 of the Criminal Procedure Code, but to no avail due to the hostile attitude hel