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HUSSEIN MAYOBWE v. REPUBLIC

(2001) JELR 98327 (CA)

Court of Appeal  •  crim app 161 of 00  •  20 Jul 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Emmanuel Okello O'Kubasu

Judgement

JUDGMENT OF THE COURT

The appellant, Hussein Mayobwe was tried and convicted on one count which charged him with the offence of stealing 1580 bags of urea fertilizer valued at Shs.1,580,000/= the property of Peter Otieno from motor lorries registration numbers KAE 178E, KAH 623Q and KAH 623Q whilst the said fertilizer was in transit from Mombasa to Kitale. The charge against him was contrary to section 279(c) of the Penal Code . He was sentenced to serve a six (6) year term of imprisonment on 4th May, 1998 and was ordered to receive three (3) strokes of the cane. He appealed to the High Court challenging his conviction and sentence. His appeal to the High Court was dismissed and he is now before this Court by way of a second appeal.

The evidence before the subordinate court linking him with the said offence was that the appellant and one Rajab Musa approached one Peter Nyaga (PW1) who was at the material time employed by Tanish Enterprises seeking to hire lorries to transport cement and…

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