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(1995) JELR 104936 (CA)

Court of Appeal  •  Criminal Appeal 45 of 1995  •  28 Sep 1995  •  Kenya

Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi



The appellant was convicted of stealing from a locked motor vehicle contrary to section 279 ( c )of the Penal Code and sentenced to three years' imprisonment and four strokes of the cane. His appeal to the High Court of Kenya at Nakuru (Rimita, J.) was dismissed. This a second appeal.

The complaint parked his car at the premises of Njoro Country Club at about 9.30 a. m. on 26th July, 1992. Inside the car he left a rain coat,compact cassettes, a golf bag and golf balls. He then locked the car was went away. When he returned at about 9.00 p. m. he opened his car and was surprised to find his driving licence on the driver's seat and some papers littered on the car's floor. On further checking he found a strange hat in his car. The complainant questioned the night guard who readily identified the hat as belonging to the appellant, a cook at the club. The night guard recalled that he had seen the appellant within the vicinity of the club at about 8.00 p. m. of the same …

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