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SIMON ODERA GIBISWA & ANOTHER V. REPUBLIC

(1994) JELR 96201 (CA)

Court of Appeal  •  Criminal Appeal 16 of 1994  •  22 Feb 1994  •  Kenya

Coram
Philip Kiptoo Tunoi, Abdul Majid Cockar, J.M. Gachuhi

Judgement

JUDGMENT OF THE COURT

There is an error of principal in sentencing in this case.

We allow the appeal and reduce the prison sentence to the period already served today and order the appellants to be released forthwith after each receiving a total of two strokes of the cane.

Reasons of our judgment to be given later.

Dated and delivered at Nakuru this 22nd day of February, 1994.

J.M. GACHUHI

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JUDGE OF APPEAL

A.M. COCKAR

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JUDGE OF APPEAL

P.K. TUNOI

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JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR

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