SIMON NDIRANGU KIRAGURI & CEPHA NJUGUNA KIGONDU V. REPUBLIC

JUDGMENT OF THE COURT

1.SIMON NDIRANGU KIRAGURI and CEPHA NJUGUNA KIGONDU, hereinafter referred to as the appellants, were convicted by the High Court for the offence of stealing a motor vehicle contrary to Section 278 A of the Penal Code (Cap 63 of the Laws of Kenya). They were sentenced to two years imprisonment by the trial magistrate. Aggrieved by the decision of the magistrate court, they appealed to the High Court against conviction and sentence. The High Court (Emukule J) in a judgment delivered on 3rd February 2012, enhanced the sentence to a term of 4 years imprisonment. Being aggrieved and dissatisfied with the decision of the High Court, the appellants have now come before this Court in a second appeal.

2.The grounds of appeal as stated in the memorandum of appeal filed on 14th November 2012 is that the Honourable Judge (Emukule J.) gravely misdirected himself during trial by giving audience to the complainant in the absence of the appellant thereby leading to unfair treatmen…