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(1998) JELR 98442 (CA)

Court of Appeal  •  Criminal Appeal 85 of 1997  •  23 Jan 1998  •  Kenya

Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Zakayo Richard Chesoni



This is an appeal from a judgment of the superior court in its appellate jurisdiction dismissing an appeal from a judgment of the Chief Magistrate’s court whereby the appellant was convicted of an offence contrary to section 279 (c) of the Penal Code, namely, that he stole one bag of sugar valued at Kshs.1,300/= the property of Kenya Airfreight Handling Limited (KAHL) whilst the sugar was in transit from Italy to Somalia.

Before we go into the grounds of appeal argued before us we would set out the facts pertinent to this appeal.

The appellant was employed as a cleaner in a warehouse belonging to KAHL. On the 31st day of March, 1993 he was seen by Joseph Kaduru Wanjohi (PW3) coming out of a warehouse pushing a trolley with a dustbin on it. The trolley, whilst in the process of being pushed by the appellant, got stuck and the dustbin on it fell down revealing a 50kg bag of a sugar which was in the dustbin.

Prior to this incident the appellant was told by Philip Muli M…

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