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Moses Njue Kamana v. Republic

(1987) JELR 98903 (CA)

Court of Appeal  •  Criminal Appeal 76 of 1985  •  4 Aug 1987  •  Kenya

Coram
James Onyiego Nyarangi, Harold Grant Platt, Fred Kwasi Apaloo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: NYARANGI, PLATT and APALOO JJA)

CRIMINAL APPEAL 76 OF 1985

MOSES NJUE KAMANA................... APPELLANTS

VERSUS

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

JUDGMENT

August 4, 1987, Nyarangi, Platt and Apaloo JJA delivered the following Judgment.

The appellant Moses Njue Kamanja was on July 26, 1984 convicted by the resident magistrate Makadara, of the offence of stealing by a servant employed in the public service and was sentenced to 1 1⁄2 years imprisonment. He appealed against the conviction and sentence to the High Court on a number of grounds. On December 7, 1984, the High Court (Mrs Aluoch, J) after an independent evaluation of the facts affirmed the said conviction and dismissed the appeal.

The appellant has brought a further appeal to this court against the appellate decision of the High Court apparently under section 361(1) of the Criminal Procedure Code. Before considering the grounds of appeal to this court, it is necess…

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