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Paul Ndungu Mwaura v. Republic

(1984) JELR 96306 (CA)

Court of Appeal  •  Criminal Appeal 142 of 1983  •  21 May 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT NYERI

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

CRIMINAL APPEAL 142 OF 1983

BETWEEN

PAUL NDUNGU MWAURA........................................................APPELLANT

AND

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

(Appeal from the High Court at Nyeri, Patel J)

JUDGMENT

The appellant Paul Ndungu Mwaura was convicted of theft of a motor vehicle contrary to section 278A of the Penal Code (cap 63) and sentenced to eighteen months’ imprisonment. The High Court dismissed his first appeal and he has appealed to this court on nine grounds which we do not have in reproduce.

The circumstances underlying the appellant’s prosecution were as follows. He was charged with the theft of a Bedford lorry registration No KQB 290 in Kerugoya Criminal Case No 1618 of 1981. The complainant in that case was the same as in the present case namely Francis Kiiru Rukungu (PW1). The complaint in the Kerugoya case was withdrawn on August …

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