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Daniel Maina Ndirangu v. Republic

(2010) JELR 106816 (CA)

Court of Appeal  •  Criminal Appeal 427 of 2009  •  4 Nov 2010  •  Kenya

Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu



Upon his trial of the offence of being in possession of ammunition without a firearm certificate contrary to section 4(1) as read with section 4(3) of the Firearms Act Cap 114 the appellant Daniel Maina Ndirangu, alias Maina Mbura, was convicted for the offence and was thereafter sentenced to 10 years imprisonment. In his first appeal to the superior court, the appellant challenged his conviction and sentence on the basis that the evidence adduced by the prosecution fell short of establishing the offence beyond any reasonable doubt. Although he put in lengthy written submissions in that regard when the appeal came up for hearing the appellant is recorded as having said: “ I wish to abandon, my appeal on conviction but I proceed with appeal on sentence.” He then proceeded to state as follows:- “ Appellant – sentence imposed is harsh and excessive. I rely on my written submissions wholly.” In his written submissions the appellant complains that he was not taken to c…

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