JAMES MBOGA OLUOCH V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, formerly a police officer based at Ongata Rongai police station in Kajiado District, was on 5^th August, 2009 convicted by Senior Principal Magistrate at Kericho of the offence of stealing contrary to section 275 of the Penal Code and sentenced to two (2) years imprisonment. Being dissatisfied with the judgment, he on 10^th August, 2009 filed Criminal Appeal No. 43 of 2009 in the High Court of Kenya at Kericho against conviction and sentence. The petition of appeal contained nine grounds of appeal namely:-

“1. The learned trial magistrate erred in law and in fact in convicting the appellant on a defective charge sheet.

2. The learned trial magistrate misdirected himself in evaluating the evidence on record.

3. The appellant conviction was against the weight of the evidence on record.

4. The learned trial magistrate erred in law and in fact in imposing a higher burden of proof against the appellant requiring him to prove his case beyond reasonable doubt.

5…