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Rotich v. Republic

(1985) JELR 96288 (CA)

Court of Appeal  •  crim app 23 of 85  •  10 Jun 1985  •  Kenya

Coram
Harold Grant Platt

Judgement

REPUBLIC OF KENYA

Rotich v. Republic

Court of Appeal, at Nairobi June 10, 1985

Hancox JA Platt and Gachuhi Ag JJA

Criminal Appeal No 23 of 1985

(Appeal from the High Court at Nairobi, Aganyanya J)

June 10, 1985, Hancox JA, Platt and Gachuhi Ag JJA delivered the following Judgment.

The appellant was at the material time on retirement leave from the Kenya Army after 15 years’ service. He was charged with, and, according to the record, purported to plead guilty to, the offence of possessing a total of 988 rounds of assorted ammunition without a valid certificate under section 4(1) of the Firearms Act (cap 114) of the Laws of Kenya.

He did not at that time claim to be covered by any exemption, nor do any of the exemptions listed in section 7 of that Act apply to him.

His first appeal to the High Court was summarily rejected notwithstanding that the petition of appeal to that court contained at least two points of law, namely that appellant was still subject only to military law, and that the proce…

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