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(1985) JELR 104965 (CA)

Court of Appeal  •  crim app 155 of 88  •  29 May 1985  •  Kenya

Johnson Evan Gicheru, Richard Otieno Kwach, Joseph Raymond Otieno Masime



The appellant's first appeal to the High Court of Kenya at Mombasa was summarily rejected by Aragon, J. under Section 352(2) of the Criminal Procedure Code. He had been charged in the court of first instance with the offence of stealing contrary to section 275 of the Penal Code and with an alternative count of handling stolen property contrary to section 322(2) of the same Code.

The subject-matter of stealing and/or handling was a typewriter belonging to Dansons Agencies whose office is situated along Moi Avenue, Mombasa. Its value was about Shs. 15,000/-. This typewriter was stolen on 19th March, 1985 after 4.00 p.m. but before 5.00 p.m. At the latter time, the appellant and another were in possession of the typewrite. At this time, the appellant and another were in possession of the typewriter. At this time, the appellant asked Peter Mukura Chege 9P.W.2), a receptionist with the Splendid Hotel, Mombasa, to keep the typewriter for them. The appellant was known to …

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