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(2011) JELR 98296 (CA)

Court of Appeal  •  Criminal Appeal 117 of 2009  •  4 Nov 2011  •  Kenya

Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki, Joseph Gregory Nyamu



In the trial court, the appellant was charged with the offence of wilfully and unlawfully cutting down trees, the property of Zacharia Moguche Ogoro contrary to section 334(c) of the Penal Code. He was jointly charged with another not before Court. The trees were valued at Kshs.4,800/-.

Following conviction, the appellant was placed on probation for two years. He filed an appeal in the High Court which was dismissed on 13th March 2009 provoking the appeal before us.

At the hearing of the appeal the appellant, who was unrepresented relied on the following grounds of appeal:

1. That the honourable Judge erred in law as he ought to have found that at the root of the matter before him was an unresolved boundary dispute as the complainant (in cross examination) stated that he bought his land from one Miyungo Onsombi who was not related to the Appellant who had planted the trees on his father’s neighbouring land.

2. That the Learned Judge misdirected himself in law in not …

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