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John Wanyonyi Andrea v. Republic

(2006) JELR 105356 (CA)

Court of Appeal  •  Criminal Appeal 190 of 2005  •  22 Sep 2006  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell



JOHN WANYONYI ANDREA, the appellant herein, was after trial convicted on four counts of stealing stock contrary to section 278 of the Penal Code and sentenced to seven (7) years imprisonment on each count, the sentences being ordered to run concurrently. His appeal to the High Court of Kenya at Kitale (W. Karanja J) was dismissed on 26th April, 2005, and hence, this is a second and final appeal.

The evidence presented to the trial court by the prosecution is indeed brief. The complainants, who reside in Trans-Nzoia and Bungoma Districts, lost their cows on diverse dates between October, 1998 and June, 1999. They reported the losses to their respective Chiefs and the Police. One of the cows was recovered from the homestead of the appellant and the others were recovered from the homes of his co-accused after the appellant had directed the police to their homes. It is on record that the appellant’s co-accused were acquitted after a joint trial by the Senior Resident M…

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