IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Kneller JA, Chesoni and Nyarangi Ag JJA)
CRIMINAL APPEAL NO. 60 OF 1983
Between
MAINA WA KINYATTI .........................................APPELLANT
AND
REPUBLIC........................................................RESPONDENT
(Appeal from the High Court at Nairobi, Sachdeva and Abdullah JJ)
JUDGMENT
December 23, 1984 Kneller JA, Chesoni and Nyarangi Ag JJA delivered the following Judgment.
The appellant, Maina wa Kinyatti, was a Senior Lecturer in the History Department at the Kenyatta University College. On June 2, 1987, a team of police officers carried out a search in his house at the college in the presence of his wife, Mumbi wa Maina. During the search in the studyroom the police found a file (Ex 1) bearing the title “University Staff Union 1980” and they (police) alleged that they also found in the file a seditious document (ex 1 a). There were other files and books too. The file and the document were discovered by Seargent Mburu who was with Chi…