KCC 741/2001

This case involved the validity of an acquittal. A key point was the validity of the arrest and investigation procedures as flagrancy did not exist and there was no approval by the office of public prosecution,

Background

The office of public prosecution said in its grounds of appeal that the appealed ruling by which the convicted person was acquitted had erred in the application of law and had insufficient evidence of causation. The office said that the court had established its ruling on the grounds that the inspection and the arrest proceedings were invalid. The office said that the flagrancy status existed in the case and therefore the police officers had the right to conduct the inspection without approval from the office.

Decision