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Karingo,Tiara & Wangombe v. Republic

(1982) JELR 100234 (CA)

Court of Appeal  •  Criminal Appeals 63 & 105 of 1981 (Consolidated)  •  15 Mar 1982  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Law, Miller and Potter JJA )

CRIMINAL APPEALS NOS 63 and 105 OF 1981 (CONSOLIDATED)

BETWEEN

KARINGO.............................................................1ST APPELLANT

TIARA.......... ......................................................2ND APPELLANT

WANGOMBE .....................................................3RD APPELLANT

AND

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

JUDGMENT

The three appellants in these consolidated appeals (to whom we will refer as Karingo, Tiara and Wangombe respectively) were charged in the court of the Resident Magistrate at Machakos as follows:

Jointly in count 1 with stealing in-transit goods to a value exceeding Kshs 72,000, contrary to Section 279(c) of the Penal Code;

Separately, and in the alternative to count 1, with handling by way of dishonestly receiving, contrary to Section 322(2) of the Penal Code, cameras forming part of the goods referred to in the first count. Karingo w…

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