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Kennedy Nyongesa v. Republic

(2017) JELR 100174 (CA)

Court of Appeal  •  Criminal Appeal 34 of 2016  •  22 Jun 2017  •  Kenya

Coram
Kiarie Waweru Kiarie

Judgement

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUSIA

CRIMINAL APPEAL NO. 34 OF 2016

KENNEDY NYONGESA.......................................APPELLANT

VERSUS

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

(From the original conviction and sentence in criminal case No. 2533 of 2015 of the Chief Magistrate’s Court at Busia by H.N Ndung'u (miss)– Chief Magistrate)

JUDGMENT

The appellant, KENNEDY NYONGESA, was charged with an offence of stealing stock contrary to section 278 of the Penal Code.

The particulars of the offence were that on 10th November 2015 at Madende village, Mungatsi sub location of Busia County, he stole one cow valued at Kshs. 20 000/= the property of JOSEPH OKONGO.

He pleaded guilty to the offence. He was convicted and sentenced to three years imprisonment.

He now appeals against the sentence.

The state opposed the appeal through Mr. Owiti, the learned counsel.

The facts of the prosecution case were briefly as follows:

The complainant is the father of the appellant. Wh…

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