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KIMURI V. REPUBLIC

(1990) JELR 104697 (CA)

Court of Appeal  •  crim app 133 of 89  •  1 May 1990  •  Kenya

Coram
Abdul Majid Cockar, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement
<p class="ql-align-center">Kimuri v. Republic</p><p class="ql-align-center">Court of Appeal, at Nyeri</p><p class="ql-align-center">October 24, 1990</p><p class="ql-align-center">Hancox CJ, Nyarangi JA, Cockar Ag JA</p><p class="ql-align-center">Criminal Appeal No. 133 of 1989</p><p class="ql-align-center">On October 24, 1990, Hancox CJ, Nyarangi JA, Cockar Ag JA delivered the following</p><p class="ql-align-center">Judgment.</p><p class="ql-align-justify">Following the dismissal of his appeal by the High Court at Nyeri from his conviction of demanding property with menances contrary to section 302 of the Penal Code by the resident magistrate, Nyahururu, the appellant through his advocate Mr Ngunjiri filed a Memorandum of Appeal containing the following grounds of appeal:-</p><p class="ql-align-justify">1. Having established that corruption was the proper charge the judge should have allowed the appeal.</p><p class="ql-align-justify">2. The learned resident magistrate failed to appreciate that if she was satisfied that the sum of Kshs.60 was passed to the appellant by PW 3 an offence of corruption was committed and no longer that of demanding.</p><p class="ql-align-justify">3. The learned resident magistrate failed to appreciate that if she was satisfied that the sum of Kshs.60 was passed to the appellant by PW 3 an ofโ€ฆ</p>

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