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GABRIEL NJERU NJIMUKO v. REPUBLIC

(2002) JELR 98352 (CA)

Court of Appeal  •  crim app 108 of 01  •  24 Jan 2002  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha, Effie Owuor

Judgement

JUDGMENT OF THE COURT

] Gabriel Njeru Njimuko was jointly charged with another with the offence of container breaking and stealing contrary to section 279(g) of the Penal Code. He was convicted and sentenced to seven years imprisonment with four strokes of the cane.

His first appeal to the superior court was dismissed. He has now appealed to this Court which can only entertain questions of law under section 361(1) (a) of the Criminal Procedure Code (CAP 75)Laws of Kenya. The particulars of the offence with which he was charged and convicted stated that

:"Between 27th June 1999 and 11th July 1999, in Kilindini Port within Mombasa District of the Coast Province, jointly with others not before court, broke into container number PCIU-230747-0 and stole from there-in seventy one (71) television sets make Soundmax LG Model CF-14D16 all valued at Kshs.1,192,800/= the property of Kimago Clearing and Forwarding Company Limited.

Before us the only one point of law that was raised was with regard t…

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