IN THE COURT OF APPEAL
AT KISUMU
( Coram: Law, Miller and Potter JJA )
CRIMINAL APPEAL NO. 68 OF 1981
BETWEEN
JAPHETH OSUNGA WALOME.....................................................APPELLANT
AND
REPUBLIC....................................................................................RESPONDENT
JUDGMENT
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…