Case Metadata |
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| Case Number: | Criminal Appeal 193 of 1982 |
|---|---|
| Parties: | Stephen Mwenda Mwireria v Republic |
| Date Delivered: | 12 Aug 1982 |
| Case Class: | Criminal |
| Court: | High Court at Nyeri |
| Case Action: | Judgment |
| Judge(s): | Emmanuel Okello O'Kubasu |
| Citation: | Stephen Mwenda Mwireria v Republic [1982] eKLR |
| Court Division: | Criminal |
| County: | Nyeri |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL APPEAL NO 193 OF 1982
STEPHEN MWENDA MWIRERIA ………………… APPELLANT
VERSUS
REPUBLIC ………………………………………….. RESPONDENT
JUDGMENT
The appellant was convicted of stealing contrary to Section 275 of the Penal Code (Cap 63) and sentence to eighteen months’ imprisonment. Having considered the evidence on record I am satisfied that the appellant was properly identified as one of the thieves. His co-accused Salim Juma tried to bail him out of trouble by testifying that the appellant was not among those who stole crates of milk but this evidence was properly rejected. I would say that the appellant should consider himself lucky to have been charged with simple theft when the facts clearly disclosed a more serious offence of robbery. The sentence of eighteen months’ imprisonment was appropriate. Hence this appeal is dismissed in its entirety. Orders accordingly.
Delivered at Nyeri this 8th December, 1982.
E O’KUBASU
JUDGE
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