IN THE COURT OF APPEAL
AT MOMBASA
( Coram: Madan, Miller JJA and Simpson Ag JA )
CRIMINAL APPEAL NO. 93 OF 1981
BETWEEN
JOHN MUTUKU.................................................................APPELLANT
AND
REPUBLIC....................................................................RESPONDENT
JUDGMENT
Simpson Ag JA On July 14, 1979, the appellant was convicted by a Resident Magistrate at Mombasa of two counts of stealing contrary to Section 275 of the Penal Code. He was fined Kshs 750 or six months imprisonment in default on each count. The fines appear to have been paid.
On July 21, 1979, the Attorney-General requested the Resident Judge to consider enhancement of the sentence but it was not until July 4, 1981, that the matter came before the learned judge who then substituted sentences of two years imprisonment on each count to run concurrently from that date. The appellant now appeals to this Court against this enhancement of his sentences.
When the offences were committed the appellant wa…