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(1983) JELR 105003 (CA)

Court of Appeal  •  Criminal Appeal 135 of 1981  •  30 Mar 1983  •  Kenya

Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter



The appellant was charged, on the first count, with burglary and stealing, contrary to section 304(2) and 279(b) of the Penal Code, and on the second count with burglary contrary to section 304(2) of the Penal Code. He was convicted on both counts by a senior resident magistrate at Nairobi and sentenced to 3 years imprisonment with 2 strokes of corporal punishment and 2 years imprisonment with 2 strokes on the two limbs of count 1 respectively, and to 3 years imprisonment with 2 strokes on count 2, the magistrate adding the following order :-

“All sentences to run concurrently”.

Sentences of corporal punishment cannot be ordered to be concurrent. The appellant appealed to the High Court. The leaned 1st appellate judge dismissed the appeal on the first count, and allowed the appeal on the second count. The judgment on the first appeal was not satisfactory. The facts were dealt with by the learned judge in the following short passage:-

“Finally as to the merits of the appeal as a w…

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