JUDGMENT OF THE COURT
Section 302 of the Penal Code is in the following terms:-
"302. Any person who, with intent to steal any valuable thing, demands i
t 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 a menace 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/= fr…