IN THE COURT OF APPEAL
AT NAIROBI
CORAM: GACHUHI, KWACH JJ A and Cockar Ag JA
CRIMINAL APPEAL NO 131 OF 1989
CHRISTOPHER OMUFIRA AKWABI................APPELLANT
VERSUS
REPUBLIC..............................................RESPONDENT
JUDGMENT
There were five grounds of appeal against conviction. During the hearing Mr Khaminwa for the appellant confined his submissions to the particulars given in the charge sheet which he contended did not contain all the ingredients of the offence nor, he submitted, were the omissions covered in the statement made to the court by the prosecutor. On account of these omissions Mr Khaminwa contended the plea was not unequivocal. To Mr Chunga’s objection that the charge being defective was not a ground of appeal Mr Khaminwa drew attention to the 2nd and 4th grounds of appeal which read as follows:-
2. That the learned judges erred in law in holding that all the ingredients of the offence were urged understood and admitted.
4. That the learned judges erred in holding…