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Mutonyi and Kamande v. Republic

(1982) JELR 98760 (CA)

Court of Appeal  •  Criminal Appeal 92 of 1981  •  22 Jan 1982  •  Kenya

Coram
Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Madan, Miller and Potter JJA)

CRIMINAL APPEAL NO. 92 OF 1981

BETWEEN

MUTONYI .......................................1ST APPELLANT

KAMANDE......................................2ND APPELLANT

AND

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

JUDGMENT

Potter JA The two appellants Mutonyi and Kamande were each convicted by the Senior Resident Magistrate, Nairobi, on two counts of corruption, one of soliciting and one of receiving, contrary to Section 3(1) of the Prevention of Corruption Act (Cap 65). Another accused with them (the second accused) was acquitted at the trial. A fourth accused named Wilson who was convicted with the two appellants was acquitted on appeal to the High Court. All four accuseds were police officers, and members of the crew of a 999 police car. The first appellant, Mutonyi, was an Inspector of Police and the commander of the car. The other three accused were constables. The fourth accused, Wilson, was the driver of theā€¦

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