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John Waweru Njoka v. Republic

(2001) JELR 100770 (CA)

Court of Appeal  •  Criminal Appeal 115 of 2001  •  24 Oct 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Bernard Chunga

Judgement

IN THE COURT OF APPEAL

AT NYERI

(Coram: Chunga CJ, Omolo and O’Kubasu JJ A)

CRIMINAL APPEAL NO 115 OF 2001

JOHN WAWERU NJOKA ...............APPELLANT

VERSUS

REPUBLIC............................... RESPONDENT

(Appeal from the decision of the High Court of Kenya at Nyeri (Justice Juma)

dated 3rd June, 1999 in HCCRA No 1 of 1999)

JUDGMENT

The appellant John Waweru Njoka was tried, convicted and sentenced to prison terms of five years and four strokes by the District Magistrate I Wanguru on 8th December 1998 on a charge of burglary and stealing contrary to section 304 (2) and 279 (b) of the Penal Code cap 63 Laws of Kenya.

The particulars of the charge averred as follows: -

John Waweru Njoka:-

“On the night of 14th day of May, 1997 at Riagicheru Village in Kirinyaga district within Central province, broke and entered the dwelling house of Ephantus Murage with intent to steal therein and did steal from therein, two blankets, one bed sheet, one sweater and one pair of long trousers, all valued at Kshs 1…

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