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MUSEMBI MUTUA V. REPUBLIC

(1987) JELR 104510 (CA)

Court of Appeal  •  Criminal Appeal 229 of 1986  •  19 Nov 1987  •  Kenya

Coram
Joseph Raymond Otieno Masime Fred Kwasi Apaloo Fred Kwasi Apaloo

Judgement
<p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">This is a second appeal against the conviction of the appellant on a charge of handling stolen property contrary to section 322(2) of the Penal Code as an alternative to a charge of burglary and stealing contrary to section 304(2) and 279 (b) of the Penal Code. The appellant’s first appeal to the High Court was summarily rejected under section 352(2) of the Criminal Procedure Code.</p><p class="ql-align-justify">In his grounds of appeal to this court, he complains mainly that his conviction was against the weight of the evidence. His first ground of appeal however attacks the summary rejection of his first appeal to the High Court and so raises the legal issue of the property of that summary rejection.</p><p class="ql-align-justify">It is submitted by learned acting deputy prosecutor that the grounds of appeal contained in the appellant’s petition of appeal to the High Court did not of themselves raise a legal issue. However, he concedes that despite that the judgment of the learned trial magistrate raised a legal issue which the first app…</p>

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