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Mark Oweggi v. Republic

(1993) JELR 99280 (CA)

Court of Appeal  •  Criminal Application 5 of 1993  •  2 Nov 1993  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Abdul Majid Cockar, Mathew Guy Muli

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Cockar, Muli and Omolo JJ A)

CRIMINAL APPLICATION NO NAI 5 OF 1993

MARK OWEGGI .......................APPELLANT

VERSUS

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

(Appeal from a ruling of the High Court of Kenya at Nairobi

(Mr Justice Oguk) dated 28th September, 1993

in Misc Criminal Appl No 419 of 1993)

RULING

We are of the clear view that there is no merit in the application before us and it must accordingly fail.

The applicant Mr Mark Oweggi is an advocate of the High Court of Kenya. He is being prosecuted in the Court of the Chief Magistrate at Nairobi on charge of stealing by an agent contrary to section 283 of the Penal Code. That charge, he alleges, arose in the performance of his duties as an advocate and according to him, before the prosecution could be started by the Attorney-General section 80 of the Advocates Act should have been complied with. The proviso to that section is to the effect that no prosecution for an offence under that secti…

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