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EVANS MOSES SAETA V. REPUBLIC

(1992) JELR 104908 (CA)

Court of Appeal  •  Criminal Appeal 67 of 1992  •  23 Dec 1992  •  Kenya

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

Judgement

JUDGMENT

Section 302 of the Penal Code is in the following terms:

“302. Any person who, with intent to steal any valuable thing, demands it from any person with menaces or force is guilty of a felony and is liable to imprisonment for 10 years.”

To support a charge under the foregoing section, there must be evidence showing that:

1. The accused demanded a valuable thing;

2. He demanded it with menaces or force; and

3. He demanded it with intent to steal.

See the case of Rex v. Fulabhai Jethabhai Patel and another (1949) 13 EACA 179 at page 182.

On 4th July, 1991 the appellant was convicted of demanding Kshs 1,000/= with menaces contrary to section 302 of the Penal Code by the Nakuru Resident Magistrate, Miss H Owino, and sentenced to 18 months imprisonment. His appeal against conviction and sentence to the High Court at Nakuru was on 24th October, 1991 dismissed in its entirety. In this second appeal, his complaint is that there was no proof that he had demanded the Kshs 1,000/= from one John …

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