judy.legal
Login Register

JOHN MUTUKU V. REPUBLIC

(1981) JELR 105169 (CA)

Court of Appeal  •  Criminal Appeal 93 of 1981  •  22 Oct 1981  •  Kenya

Coram
Alfred Henry Simpson, Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller

Judgement

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…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login