Login Register


(1993) JELR 104891 (CA)

Court of Appeal  •  Criminal Appeal 185 of 1988  •  4 Jun 1993  •  Kenya

Johnson Evan Gicheru Philip Kiptoo Tunoi Richard Otieno Kwach



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 the learned judges erred in failing to consider the credibility of the prosecution witnesses especially the complainant who had a lot to gain as confirmed by exhibit BII if the accused was convicted.

3. That the learned judges failed to consider that there was no menaces or force against the complainant by the appellant.

4. That alternativ…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login