judy.legal
Login Register

Wasiembo v. Republic

(1980) JELR 96347 (CA)

Court of Appeal  •  Criminal Appeal 48 of 1979  •  21 Mar 1980  •  Kenya

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

Judgement

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…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login