KIMURI V. REPUBLIC
(1990) JELR 104647 (CA)
Court of Appeal
•
Criminal Appeal 133 of 1989
•
24 Oct 1990
•
Kenya
Coram
Abdul Majid Cockar, James Onyiego Nyarangi, Alan Robin Winston Hancox
Judgement
<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 should have appreciated that there were material contradictions surrounding the passing of Shs. 60/- to the appellant.</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 offence of corruption was committed and no longer that of demanding.</p><p class="ql-align-justify">4. The learned magistrate should have sought the consent of the Attorney General when corruption was established.</p><p class="ql-align-justify">5. The evidence of PW3 should have been treated as that of an accomplice which he was inβ¦</p>