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Bichanga v. Republic

(1985) JELR 105002 (CA)

Court of Appeal  •  crim app 131 of 84  •  24 Sep 1985  •  Kenya

Joseph Raymond Otieno Masime, James Onyiego Nyarangi, Harold Grant Platt, Alan Robin Winston Hancox


Bichanga v. Republic

Court of Appeal, at Nakuru September 24, 1985

Hancox, Nyarangi JJ A and Platt Ag JA

Criminal Appeal No 131 of 1984

(Appeal from the High Court at Nakuru, Masime J)

September 24, 1985, Hancox, Nyarangi JJ A and Platt Ag JA delivered the following Judgment.

The appellant was convicted of burglary contrary to section 304 (2) of the Penal Code on the first limb and theft from a dwelling house contrary to section 279 (b) of the Penal code on the second limb and sentences to concurrent terms of five years imprisonment on each limb, together with 10 strokes of corporal punishment on each limb. The appellant’s appeal to the High Court was summarily rejected.

The appellant has raised the question in his second grounds of appeal to this court, whether, the first appellant court properly considered the first appeal, in that the evidence against the appellant was based wholly on the uncorroborated evidence of an accomplice, and he also questions whether the learned judge considered …

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