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Omboko v. Republic

(1983) JELR 96744 (CA)

Court of Appeal  •  Criminal Appeal 130 of 1983  •  9 Dec 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Harold Grant Platt, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT KISUMU

( Coram: Hancox JA, Chesoni and Platt Ag JJA )

CRIMINAL APPEAL NO. 130 OF 1983

BETWEEN

OMBOKO.............................................................................APPELLANT

AND

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

JUDGMENT

The appellant was charged together with another employee of the Customs and Excise Department at Kisumu, and with another person who was acquitted, on three separate counts and one alternative count of fraudulent false accounting relating to the theft of 15,133 spark plugs or the proceeds thereof, contrary to section 280 of the Penal Code. The appellant was at the material time employed within the public service as an examining officer and was the warehouse-keeper at Kisumu, and the third accused was the cashier at the cash office, which is situated within the Post Office. Each was convicted and received eighteen months’ imprisonment.

When goods are seized by the customs authority, it i…

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