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Soi v. Republic

(1985) JELR 96715 (CA)

Court of Appeal  •  Criminal Appeal No 33 of 1985  •  21 Jun 1985  •  Kenya

Coram
James Onyiego Nyarangi, Harold Grant Platt

Judgement

Soi v. Republic Court of Appeal, at Kisumu June 21, 1985

Nyarangi JA, Platt and Gachuhi Ag JJA

Criminal Appeal No 33 of 1985

(Appeal from the High Court at Kisumu, Schofield J)

June 21, 1985, Nyarangi JA, Platt and Gachuhi Ag JJA delivered the following

Judgment.

The appellant and another were convicted of stealing stock contrary to section 278 of the Penal Code and each was sentenced to 7 years’ imprisonment and one stroke corporal punishment. He appealed to the High Court (Schofied J) contending that he did not have anything to do with the stolen cattle and that he was mistaken for a thief because he and the other together walked to the market place where the other was supposed to have sold the material stock. The appeal was unsuccessful. His grounds of his second appeal are that the complainant failed to identify him, that he had no connection with the other who was found in possession of the stolen bulls, that the co-accused did not mention him in court and that the co-accused voluntari…

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