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(1984) JELR 105083 (CA)

Court of Appeal  •  crim app 11 of 84  •  8 Mar 1984  •  Kenya

Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller



The appellant has appealed to this Court against the judgment of Mbaya, J, upholding the appellant’s conviction for shopbreaking and stealing contrary to Section 306(a) of the Penal Code.

The eight grounds of appeal listed by the appellant in his petition do not raise any points of law, except grounds 5 and 6 in which he appears to have put up the issues of “autrefois acquit” . What we have been able to gather from the trial court’s record is that the appellant informed that court on April 14, 1982 that he was also charged in a Kerugoya Court and that, that hearing was on May 13, 1982 and he wanted this case heard earlier, but he was informed that as this case could not be tried before June 8, 1982, the Kerugoya one would be heard first. There was no evidence, and, in fact, the appellant did not tell the Court that the Kerugoya case and this case were in any way related and/or that he had been acquitted on the Kerugoya or any other previous charge involving an acqu…

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