IN THE COURT OF APPEAL
AT NAIROBI
( Coram: Madan, Law and Potter JJA )
CRIMINAL APPEAL NO. 59 OF 1980
BETWEEN
1. DUSARA
2. KHIMJI.................................................................................APPELLANTS
AND
REPUBLIC...............................................................................RESPONDENT
JUDGMENT
The first appellant Dusara was convicted by a resident Magistrate at Mombasa of the offence of acquisition of uncustomed goods, contrary to Section 185(d)(iii) of the Customs and Excise Act, (hereinafter referred to as “the Act”), and the second appellant Khimji was convicted at the same trial on one count of the offence of possession of uncustomed goods, contrary to Section 185(d)(iii) of the Act, and on another count of the offence of corruption contrary to Section 3(2) of the Prevention of Corruption Act (Cap 65). They both appealed to the High Court but their appeals were dismissed. The facts of the case appear to be that one Mr Sharman owned a residential house on…