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Japheth Osunga Walome v. Republic

(1981) JELR 98292 (CA)

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

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

Judgement

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…

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