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PAUL KEPROB KOSKEI V. REPUBLIC

(1984) JELR 95455 (CA)

Court of Appeal  •  crim app 33 of 84  •  25 Sep 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller

Judgement

JUDGMENT OF THE COURT

Gilbert Chege, the appellant, was convicted on July 7 1982, by the Resident Magistrate, Naivasha of stealing goods worth more that one hundred shillings in a dwelling house contrary to Section 279(b) of the Penal Code and on July 27th the same year, he was sentenced by the same magistrate to 3 years imprisonment and 6 strokes corporal punishment.

month later his co-accused was put on probation for 3 years by the same court.

His petition of appeal from this conviction and sentence to the High Court in Nakuru was filed on August 11 1983, and summarily rejected just over a year later (on August 13 1983), by Mr. Justice Masime. Notice of this was not issued until November 25 1983 (which is a delay of about 67 days).

The appellant’s Memorandum of Appeal to this Court was filed in its Nakuru sub-registry on January 23rd 1984, (almost another two months lost there) and we are now hearing this appeal 6 months later.

Returning to the appellant’s petition in the High Court the …

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