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Pius Maingi Kinoi v. Republic

(1989) JELR 93840 (CA)

Court of Appeal  •  Criminal Appeal 126 of 1989  •  7 Dec 1989  •  Kenya

Coram
Johnson Evan Gicheru, Richard Otieno Kwach, Joseph Raymond Otieno Masime

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(Coram: Masime, Gicheru and Kwach, JJA)

CRIMINAL APPEAL 126 OF 1989

Between

PIUS MAINGI KINOI................................................ APPELLANT

AND

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

JUDGMENT

December 7, 1989, Masime, Gicheru and Kwach, JJA, delivered the following judgment.

Pius Maingi Kinoi, the appellant in this appeal (hereinafter called “the appellant”) was convicted by the District Magistrate, Webuye, of burglary and stealing and being in possession of a small quantity of bang (cannabis sativa). He was given a prison term of 6 months together with one stroke of the cane for burglary, and 3 months for stealing, which were ordered to run consecutively. On the charge of possession of bhang, he was fined Kshs 600 or 3 months’ imprisonment in default to run consecutively with the terms imposed for burglary and stealing. His appeal to the High Court against both conviction and sentence was dismissed as the j…

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