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Stephen Kaveta, Joseph Gichira & Amani Mwamburi v. Republic

(1987) JELR 94078 (CA)

Court of Appeal  •  Criminal Appeal 65 of 1986  •  16 Mar 1987  •  Kenya

Coram
John Mwangi Gachuhi, Harold Grant Platt, Fred Kwasi Apaloo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

CRIMINAL APPEAL 65 OF 1986

STEPHEN KAVETA

JOSEPH GICHIRA

AMANI MWAMBURI .................................APPELLANT

v.

REPUBLIC...........................................RESPONDENT

JUDGMENT

The appellants were all convicted of theft by persons employed in the public service contrary to section 280 of the Penal Code after a trial in the resident magistrate’s court in Nairobi ending on December 6, 1985.They were each sentenced to twelve were each sentenced to twelve months imprisonment. The appellants appeared at the trial in this way, that 1st accused was Amani Mwamburi, the 2nd accused was Stephen Kaveta, and the 3rd accused was Joseph Gichira. Each of these persons appealed to the High Court, where their appeals were dismissed summarily. They then appealed to this court and it is sad to relate that they had each served the sentence imposed, by the time the appeals came on for hearing. Nevertheless they found it worth continuing with t…

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