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LESIDAI V. REPUBLIC

(1990) JELR 104616 (CA)

Court of Appeal  •  crim app 58 of 90  •  1 Feb 1990  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Abdul Majid Cockar, Joseph Raymond Otieno Masime

Judgement
<p class="ql-align-center">REPUBLIC OF KENYA</p><p class="ql-align-center">COURT OF APPEAL,</p><p class="ql-align-center">AT MOMBASA</p><p class="ql-align-center">Masime, Cockar JJA and Omolo Ag JA</p><p class="ql-align-center">Criminal Appeal No 58 of 1990</p><p class="ql-align-center">Lesidai......................................................appellant</p><p class="ql-align-center">v.</p><p class="ql-align-center">Republic................................................respondent</p><p class="ql-align-center">Judgment.</p><p>The appellant, after trial before the Principal Magistrate in Mombasa Resident Magistrate’s court, was convicted of the offence of robber with violence contrary to section 296(1) of the Penal Code and sentenced to a term of sex (6) year’s imprisonment plus corporal punishment of ten (10) strokes, with a police supervision and reporting order for five (5) years after release. His appeal to the Superior Court against conviction and sentence was dismissed except that the corporal punishment was reduced to six (6) strokes. This, therefore, is his second appeal and, although it purports to be filed against both conviction and sentence none of the grounds of appeal is directed against sentence.Briefly the facts as found established by both th…</p>

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