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Hamisi Bakari & another v. Republic

(1987) JELR 104834 (CA)

Court of Appeal  •  Criminal Appeal 217 of 1986  •  21 Jul 1987  •  Kenya

John Mwangi Gachuhi, Fred Kwasi Apaloo, Harold Grant Platt



The appellants, Hamisi Bakari and Rukia Dzeri were charged with burglary and theft contrary to sections 304(2) and 279(b) of the Penal Code. It was shown that on the night of September 15, 1985, Peter Omori Arosi’s house had been broken into and a considerable quantity of his personal goods had been stolen. The evidence clearly showed that these appellants had nothing to do with this burglary and theft, which had been carried out by one Hakimu Wagise. The latter has been punished. He happens, however, to have been acquainted with the appellant Hamisi Bakari; and he was the lover to Rukia Dzeri. The trial court quickly disposed of the charge of burglary and theft and turned its attention to the alternative charge of handling contrary to section 322(2) of the Penal Code, eventually convicting both appellants of this offence, and sentencing them to the minimum sentence of seven years and hard labour. The appellants appealed to the High Court where Mr Sadiq Ghalia str…

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