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Stephen Ngugi Ng'ang'a v. Republic

(1981) JELR 96340 (CA)

Court of Appeal  •  Criminal Appeal 50 of 1981  •  9 Oct 1981  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Law, Miller and Potter JJA )

CRIMINAL APPEAL NO. 50 OF 1981

BETWEEN

STEPHEN NGUGI NG'ANG'A...............................................................APPELLANT

AND

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

JUDGMENT

Potter JA The appellant was jointly charged with six other accused persons with the offence of preparation to commit a felony, contrary to Section 308(1) of the Penal Code (Cap 63). The particulars of the offence given on the charge sheet were that on September 9, 1980, at Ruaka Trading Centre in Kiambu District of the Central Province, the seven accused were jointly found armed with dangerous weapons, namely two simis, one axe, one iron bar and a rope in circumstances which indicated that they were so armed with intent to commit a felony.

The seven accused persons, including the appellant, were convicted by the Senior Resident Magistrate sitting at Kiambu, and sentenced to…

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