IN THE COURT OF APPEAL
AT NAIROBI
( Coram: Law, Miller and Potter JJA )
CRIMINAL APPEAL NO. 135 OF 1981
BETWEEN
NGUI.................................................................APPELLANT
AND
REPUBLIC..................................................RESPONDENT
(Appeal from the High Court at Nairobi, Masime J)
JUDGMENT
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 Hig…