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Michael Mukundi Thiong'o & Christopher Gitonga v. The Republic

(1977) JELR 99107 (CA)

Court of Appeal  •  Criminal Appeal 529 & 721 of 1976  •  27 Oct 1977  •  Kenya

Coram
Eric John Ewen Law, Justin Saulo Musoke, Samuel William Wako Wambuzi

Judgement

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NAIROBI

(Coram: Wambuzi P, Law V-P and Musoke JA)

CRIMINAL APPEAL NOS 529 and 721 OF 1976

MICHAEL MUKUNDI THIONG’O

CHRISTOPHER GITONGA ..................... APPELLANTS

VERSUS

REPUBLIC......................................RESPONDENTS

JUDGMENT

The appellant, Michael Mukundi Thiong’o, is one of three police officers who were charged in a Senior Resident Magistrate’s Court at Nairobi with wrongful confinement (in the first count) and demanding property with menaces (on the second count). Two were convicted on both counts and the third was acquitted. The two convicted officers were each sentenced to nine months’ and seven years’ imprisonment on the two respective counts; the sentences to run concurrently. They both appealed to the High Court against their convictions and sentences. The High Court quashed the conviction of the appellant on the first count but dismissed his appeal against the conviction and sentence on the second count. The second officer’s a…

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