IN THE COURT OF APPEAL
AT NAKURU
(Coram: Masime, Gicheru and Kwach, JJ A)
CRIMINAL APPEAL NO 67 OF 1992
Between
EVANS MOSESSAETA............................APPELLANT
AND
REPUBLIC.............................................RESPONDENT
(An Appeal from a judgment of the High Court of Kenya at Nakuru (Tanui, J) dated the 24th day of October, 1991
in
HCCR A No 248 of 1991)
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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/= wi…