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(2010) JELR 100278 (CA)

Court of Appeal  •  Criminal Appeal 295 of 2005  •  15 Jan 2010  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno



On 19th July, 1996, Kamau John Kinyanjui, the appellant in the appeal before the Court, appeared before the then Chief Magistrate of Nairobi (Mrs. U. Kidula) charged on a total of twenty-three counts of theft by an agent contrary to section 283 (c) of the Penal Code. The appellant denied all the charges and the Magistrate tried him on them, found him guilty on eighteen counts, convicted him on the said eighteen counts and sentenced him to pay a fine of Kshs.50,000/- on each count. For various reasons, the trial Magistrate had acquitted the appellant on counts one, two, ten, nineteen and twenty. Though the charge sheet purported to contain twenty three counts there was in fact no counts eighteen and nineteen, at least according to the charge-sheet we have in the record before us. How did those charges arise?

The appellant was an advocate of the High Court of Kenya at the time the events which formed the basis of the charges against him arose. We do not know if he is…

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