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Meshack Odeny S/O Onyango) & Absalom Olito S/O Akunda) v. Republic

(1982) JELR 99140 (CA)

Court of Appeal  •  Criminal Appeal 76 of 1981  •  11 Feb 1982  •  Kenya

David Christopher Porter, Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller




The above named two appellants Meshack and Absalom came to us on second appeal, after the dismissal of their appeals by the High Court against convictions for stealing goods in transit, contrary to section 279(c) of the Penal Code.

On February 4, we ordered Meshack’s appeal to be dismissed, but allowed Absalom’s appeal, quashed his conviction and set aside the sentence. We are now stating the reasons for our judgment.

On December 2, 1976, Meshack was the station master at Soy railway station which is on the Kitale – Eldoret track. On that day train No M40 left Kitale at 3.20 pm for Eldoret. The driver of the train was one Paul Omwakwe and Absalom the guard. Omwakwe was convicted together with Meshack and Absalom. He had not appealed. There were thirteen wagons making up the train M40 which was about 200 yards long. One of the wagons was CG 61694. It was the second wagon from the engine in front. When the train left Kitale wagon CG 61694 was sealed with heavy…

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