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Clement Waruru Nyahuro v. Republic

(1995) JELR 104976 (CA)

Court of Appeal  •  Criminal Appeal 72 of 1995  •  28 Sep 1995  •  Kenya

Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi



These two appeals have been consolidated for convenient disposal.

The appellant was convicted on 31st January, 1994 by the Nakuru Senior Resident Magistrate on his own plea of guilty on the offence of burglary and stealing contrary to secitons 304(2) and 279(b) of the Penal Code and sentenced to a concurrent 3 years' imprisonment on each limb and 12 strokes of the cane. This was in Criminal Case No. 241 of 1994 (Criminal Appeal No. 2 of 1995 herein).

It would appear that so soon thereafter the appellant was again arraigned before the same magistrate on a similar charge of burglary and stealing to which he pleaded guilty and was accordingly sentenced to 2 years' imprisonment on each limb. The jail terms were ordered to be served concurrently. The appellant was also ordered to receive 8 strokes of the cane. This latter case was Criminal Case No. 242 of 1994 (Criminal Appeal No. 72 of 1995 herein). The sentences imposed in the second case were ordered to be served cons…

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