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Okuoga v. Republic

(1985) JELR 93911 (CA)

Court of Appeal  •  Criminal Appeal No 65 of 1985  •  25 Jun 1985  •  Kenya

Coram
James Onyiego Nyarangi, Harold Grant Platt, Alan Robin Winston Hancox

Judgement

Okuoga v. Republic

Court of Appeal, at Kisumu June 25, 1985

Hancox, and Nyarangi JJA and Platt JA

Criminal Appeal No 65 of 1985

(Appeal from the High Court at Kakamega, Aganyanya J)

Criminal law - theft by a person employed in the public service contrary to section 280 of the Penal Code – second appeal – issues of law only – section 361 of the Criminal procedure Cod e- evidence – court not to speculate on – memorandum of appeal – only to raise matters which make the complaint intelligible–– theft of items – lesser amount does not affect a charge as framed.

The appellant was charged with the offence of theft by a person employed in the public service contrary to section 280 of the Penal Code. He was found guilty of nineteen counts of theft convicted and sentenced to 9 consecutive months on each count. His first appeal against conviction was dismissed however the sentence was reduced by the High Court to 18 months. Held:

1. Second appeal lie son matters of law in accordance with the provisions…

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