IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Gicheru, Kwach and Tunoi JJ A)
CRIMINAL APPEAL NO 185 OF 1988
FRANCIS MACHARIA KARIUKI........... APPELLANT
VERSUS
REPUBLIC.....................................RESPONDENT
(Appeal from a Judgment of the High Court of Kenya at Nairobi
(Dugdale and Mbito 33) dated 22nd April, 1988
in HC CR A No 826 of 1987)
JUDGMENT
The appellant was convicted by the Senior Resident Magistrate, Nairobi, of demanding money with menaces contrary to section 302 of the Penal Code and sentenced to 2 years imprisonment.
Following the dismissal of his appeal by the superior court, the appellant has through his advocate, Mr Ramogo, filed a memorandum of appeal containing the following five grounds of appeal:
“1. That the learned judges erred in finding that a demand had been made and they deviated from the cardinal principle that all the evidence must be weighed by the appellate court in totality and any doubt created therein must be resolved in favour of the accused person.
2. That t…