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Ngugi v. Republic

(1985) JELR 98443 (CA)

Court of Appeal  •  Criminal Appeal No 78 of 1984  •  18 Nov 1985  •  Kenya

Coram
James Onyiego Nyarangi, Harold Grant Platt

Judgement

Republic of Kenya

Court of Appeal, at Nairobi

Criminal Appeal No 78 of 1984

Ngugi

versus

Republic

(Appeal from the High Court at Nairobi, O’Kubasu J)

Child – meaning of - Age of Majority Act – full age – effect of attainment of – Children and Young Persons Act.

Appeal - on a point of law - point based on facts in evidence -matters that can be raised at appeal.

The appellant with two others were convicted on two counts of stealing and being in possession of stolen property contrary to section 268 of the Penal Code.

Their first appeals were consolidated, heard and dismissed.

The appellants contended that there was no sufficient evidence to support he doctrine of recent possession and that two of them were categorised to fall under Children and Young Persons Act and should not have been placed with grown ups and should have been given non-custodial sentence.

Held:

1. A person shall be of full age and cease to be under any disability by reason of age on attaining the age of eighteen years and a young …

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