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Midika v. Republic

(1985) JELR 105019 (CA)

Court of Appeal  •  Criminal Appeal No 96 of 1983  •  18 Jan 1985  •  Kenya

James Onyiego Nyarangi, Harold Grant Platt, Alister Arthur Kneller



Midika v. Republic

Court of Appeal, at Nairobi January 18, 1985

Kneller, Nyarangi JJA and Platt Ag JA

Criminal Appeal No 96 of 1983

(Appeal from the High Court at Nairobi, Sachdeva and Porter JJ)

January 18, 1985, Kneller, Nyarangi JJA and Platt Ag JA delivered the following Judgment.

On January 20, 1983 Mathews Onyango Midika, the appellant, was convicted of stealing by an agent contrary to section 283(b) to the Penal Code and sentenced to four years imprisonment by the senior resident magistrate, Kisumu.

His appeals against the conviction and the sentence were dismissed by the High court (Sachdeva and Porter JJ) in Nairobi on August 10, 1983.

He appealed against that decision but his advocate, Mr Orengo, abandoned the appeal against his sentence because on a second appeal this court could not interfere with it (section 361(1) Criminal Procedure Code (cap 75).

So his appeal was against that decision of the High Court in its appellate jurisdiction and therefore confined to mat…

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