M.W v Republic [2013] eKLR The Appellant was dissatisfied with the judgment of the trial court and has filed this appeal citing the following grounds; 1. That his fundamental constitutional rights were infringed when he was detained in custody for more than the time stipulated by law. 2. That the trial Magistrate erred in convicting him based on an erroneous medical report. 3. That the trial Magistrate erred by convicting him based on contradicting and inconsistent prosecution evidence. 4. 5. That the trial Magistrate erred when he failed to consider that his case was not proved beyond reasonable doubt. The trial Magistrate erred in failing to note that some of the key witnesses were not called to testify. 6. The trial Magistrate erred by convicting him on inconclusive testimony to link him with the said offence. 7. The trial Magistrate violated the Criminal Procedural Code by allowing the court prosecutor to amend the charge sheet without referring to the appropriate section under which the amendment was made. This being a first appellate court, its duty is to re-evaluate the evidence adduced before the trial court and come up with its own finding but bear in mind that it has neither seen nor heard the witnesses. The appeal was canvassed on 30th May, 2013. The Appellant informed court that he intended to rely on his written submissions which I noted were filed on the same day the appeal was canvassed. Mr. Mulati, the State Counsel made oral submissions in response thereof. With regard to ground of appeal No. 1, the Appellant submitted that the whole trial was a nullity as he was detained in custody for more than 24 hours before being arraigned in court which detention violated his constitutional right under Section 72 (3) (b) of the Old Constitution. According to the Appellant, he was arrested on 31st March, 2009 and brought to court on 3rd April, 2009 and was therefore detained at Turbo Police Station for four days. Section 72 (3) (b) of the Old Constitution provided that:"3. A person who is arrested or detained (b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence, and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within twenty-four hours of his arrest or from the commencement of his detention, or within fourteen days of his arrest or detention where he is arrested or detained upon reasonable suspicion of his having committed or about to commit an offence punishable by death, the burden of proving that the person arrested or http://www.kenyalaw.org - Page 2/8