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KAMENJU MURAYA V. REPUBLIC

(1989) JELR 104691 (CA)

Court of Appeal  •  Criminal Appeal 11 of 1989  •  12 Apr 1989  •  Kenya

Coram
Johnson Evan Gicheru, Richard Otieno Kwach, Joseph Raymond Otieno Masime

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>:Section 279 (g) of the Penal Code, the Code, provides that:</p><p>&quot;If the theft is committed under any of the circumstances following, that is to say - if the offender, in order to commit the offence, opens any locked room, box, vehicle or other receptacle, by means of a key or other instrument, the offender is liable to imprisonment for fourteen years together with corporal punishment.&quot;</p><p>The appellant, Kamenju Muraya, was charged in the court of first instance with the offence of stealing from a locked motor vehicle contrary to section 279(g) of the code. The particulars of that offence read as follows:</p><p>&quot;KAMAU MURAYA: On the 16th day of February, 1986 at Naivasha Township in the Nakuru District of the Rift Valley Province, stole cash K. Shs. 14,000/-, 2 pairs of shoes, passport No. 8179, one camera, 2,400 U.S.A. dollars, travellers cheques, handbag, pen, identity card, films, 3 trousers, 3 shirts, 3 underpants, one over-roll, one towel, one tin of cheese, 3 pairs of socks…</p>

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