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Richard Gathecha Kinyaru & John Thendu Ndichu v. Republic

(2016) JELR 94213 (CA)

Court of Appeal  •  Criminal Appeal 82 of 2013  •  19 May 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Martha Karambu Koome, Hannah Magondi Okwengu

Judgement

JUDGMENT OF THE COURT

[1] This is a second appeal from the judgement of the High Court of Kenya at Nairobi (Ochieng and Achode JJ) wherein the conviction and sentence of Richard Gathecha Kinyaru and John Thendu Ndichu, 1st and 2nd appellants respectively was confirmed. Aggrieved by the said judgement, both appellants have filed this second appeal which by dint of the provisions of Section 361 (1) (a) of the Criminal Procedure Code, only matters of law fall for our determination unless it is demonstrated that the two courts below failed to consider matters they should have considered or looking at the entire case, their decisions on such matters of fact were plainly wrong in which case this Court will consider such omission or action as matters of law. (See Kavingo -v- R, (1982) KLR 214, where it was held that a second appellate court will not as a general rule interfere with concurrent findings of fact of the two courts below unless they are shown not to have been based on evidence). I…

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