IN THE COURT OF APPEAL
AT NAKURU
(CORAM: LAW, MILLER and POTTER JJ A)
CRIMINAL APPEAL NO 48 OF 1979
BETWEEN
WASIEMBO..................................... APPELLANT
AND
REPUBLIC.................................RESPONDENT
JUDGMENT
(Appeal from a Judgment of the High Court at Nakuru (Nyarangi J) in Criminal Appeal No 404 of 1978 dated 13th March 1979)
March 21, 1980, the following Judgment of the Court was delivered.
This is a second appeal. The appellant was convicted in the Resident Magistrate’s court at Nakuru on a charge of dishonestly handling, contrary to section 322 (2) of the Penal Code, a record player and a record said to be worth KShs 660/-, and was sentenced to 7 years imprisonment, to be followed by 5 years police supervision. His appeal to the High Court was summarily dismissed. He now appeals to this Court.
His advocate, Mr S M Otieno, has raised a number of points of law on his behalf. The first is that the appeal to the High Court should not have been summarily dismissed. The ground…