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(1981) JELR 93783 (CA)

Court of Appeal  •  Criminal Appeal 36 of 1981  •  23 Jun 1981  •  Kenya

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



Potter JA This is a second appeal. The two appellants were jointly charged with five counts of selling price controlled goods at a price exceeding the maximum price, contrary to Section 26(1) of the Price Control Act Cap 504, and to regulations made thereunder, and with one count of failing to display a price list as required by regulations made under that Act. The appellants were both convicted by the First Class District Magistrate at Maseno on their own pleas on all six counts. They were each fined a total of Kshs 4,800 on the first five counts and they were both discharged on the sixth count. Their appeals to the High Court at Kisumu were summarily rejected under Section 352(2) of the Criminal Procedure Code. The appeal to this court is against those summary rejections.

The grounds of appeal to the High Court against conviction were the same in each case, and were —

“1. That the District Magistrate erred in law in convicting the appellant and sentencing him (her) on six coun…

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