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John DallaNyadenga v. Republic

(1989) JELR 93698 (CA)

Court of Appeal  •  Criminal Appeal 84 of 1988  •  22 Jun 1989  •  Kenya

Coram
Johnson Evan Gicheru, Richard Otieno Kwach, Joseph Raymond Otieno Masime

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(Coram: Masime JA,Gicheru and Kwach AG JJ A)

CRIMINAL APPEAL NO 84 OF 1988

BETWEEN

JOHN DALLA NYADENGA..................... APPELLANT

AND

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

JUDGMENT

(Appeal from a judgement of the High Court of Kenya at Kisumu, Omolo J, dated 25th September 1985

in

High Court Criminal Appeal No 183 of 1987)

******************************

June 22, 1989, the following Judgment of the Court was delivered.

An accused person commits the offence of preparation to commit a felony contrary to section 308 (1) of the Penal Code if he is found “armed with any dangerous or offensive weapon in circumstance that indicate that he was so armed with intent to commit any felony. “Thus, an accused person must be found:

1. Armed with any dangerous or offensive weapon; and

2. In circumstances that indicate that he was so armed with intent to commit a felony.

These ingredients must be specified in the particulars of the offence under section 3…

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