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(1998) JELR 100280 (CA)

Court of Appeal  •  Criminal Appeal 89 of 1995  •  18 Dec 1998  •  Kenya

Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi



The appellant, Kamakei Leyagu, was jointly charged, with Loisula Lepelolis, on four counts of robbery contrary to section 296(1) of the Penal Code. He was the second accused in the Chief Magistrate's Court. The first accused in that court was Lepelolis who pleaded guilty to the said charges and was sentenced to ten(10) years imprisonment on each count, the prison terms being concurrent. The appellant pleaded not guilty, and after the trial, was convicted of the said charges. As it is not relevant here we would not go into the charges preferred against the other accused persons in the Chief Magistrate's Court.

The appellant appealed against both his conviction and sentence of six(6) years and twelve strokes, to the superior court. His appeal to that court was summarily rejected under section 352(2) of the Criminal Procedure Code by Patel, J.

The petition of appeal presented to the superior court by the appellant quite clearly referred to the appellant's complaints re…

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