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(1981) JELR 98292 (CA)

Court of Appeal  •  Criminal Appeal 68 of 1981  •  1 Dec 1981  •  Kenya

Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter



The appellant was convicted of stealing one head of cattle, contrary to Section 275 of the Penal Code, and was sentenced to 9 months imprisonment, by a District Magistrate at Siaya. He did not appeal to the High Court, but through an advocate he applied to the High Court asking:

a) for bail pending appeal, and

b) for the case to be disposed of on revision.

The learned judge (Scriven J) expressed the view that the conviction was sound, as he could see no “patent omission or misdirection on the magistrate’s part, such as to require revision, and he pointed out that if he were to revise the case, he would be bound to hold that the appellant was in effect (although charged under the wrong section) charged with stock theft, for which offence, the minimum statutory punishment is 7 years imprisonment. He dismissed the application. The appellant has appealed against that order. It should be noted that he has never lodged an appeal against his conviction. His complaint is that the judge s…

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