The appellant is appealing against the decision of the high court which upheld the decision of the Resident Magistrate Court on the ground that the consent of the Director of Public Prosecutions was not granted in terms of section 26(1) of the Economic and Organized Crime Control Act (CAP 200 R.E. 2002) before commencement of the trial against the appellant.

The Court of appeal allowed the appeal but did not order a trial de novo because the appellant has already served over 10 years since he was sentenced in 2003.