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Ikokia Ole Nkurruna v. Republic

(1983) JELR 105201 (CA)

Court of Appeal  •  Criminal Appeal 30 of 1982 & 16 of 1983  •  21 Mar 1983  •  Kenya

Zakayo Richard Chesoni, Chunilal Bhagwandas Madan, Kenneth D Potter




Criminal Appeals Nos 30 of 1982 and 16 of 1983 have been consolidated, the appellant being the name individual in both cases. The offence in each case was also the same, i.e. stealing stock, contrary to section 278 of the Penal Code (cap 63).

Appeal No 30 of 1982

On the night of 15th-16th May, 1981six head of cattle were stolen, the property of Mr David C Begg.

On 17th May, the appellant together with a co-accused named Tom ole Nkuura was in possession of six stolen cattle. They sold two heads to a butcher, and a third to a private citizen. They were both convicted as charged and each sentenced to seven years imprisonment with ten strokes.

The appellant’s appe4al to the High Court was summarily rejected under section 35(2) of the Criminal procedure Code (cap 75), as it was bound to be.

We can see no merit in this second appeal before us. It is ordered to be dismissed. On the night of 17th-18th June, 1981 four head of cattle were stolen from Mr Chege.

At 11.00 a.…

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