[2003] KEHC 810 (KLR)
The court found that the convictions for go-down breaking and stealing were supported by the evidence presented at trial and that the sentences imposed were within the legal limits prescribed by Section 306(a) of the Penal Code. The appeals were not prosecuted after admission for hearing, and the sentences had...
Source-derived case information.
- Citation
- [2003] KEHC 810 (KLR)
- Parties
- Appellant: Andrew Kioko; Appellant: Peter Nyabuto; Appellant: John Nthei; Appellant: David Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 191 of 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeals dismissed
- Legal Topics
- Appeal Against Conviction, Appeal Against Sentence, Go Down Breaking, Stealing, Penal Code Section 306a
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Kioko
Appellant
Peter Nyabuto
Appellant
John Nthei
Appellant
David Maina
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the convictions for go-down breaking and stealing under Section 306(a) of the Penal Code were proper.
- 2 Whether the sentences imposed were lawful and justified.
Ratio Decidendi
The court found that the convictions for go-down breaking and stealing were supported by the evidence presented at trial and that the sentences imposed were within the legal limits prescribed by Section 306(a) of the Penal Code. The appeals were not prosecuted after admission for hearing, and the sentences had already been served. Accordingly, there was no basis to interfere with the convictions or sentences, and the appeals were dismissed.
Court Disposition
appeals dismissed
Orders
- The appeals are hereby dismissed.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASACRIMINAL APPEAL NO. 191 OF 1991
ANDREW KIOKO …………………….……………….. 1ST APPELLANT VERSUS REPUBLIC …………………………………………...….... RESPONDENT CONCOLIDATED WITH CRIMINAL APPEAL NO.203 OF 1991 PETER NYABUTO ……………………….……………. 2ND APPELLANT VERSUS REPUBLIC …………………………………………...….... RESPONDENT CONCOLIDATED WITH CRIMINAL APPEAL NO.204 OF 1991 JOHN NTHEI ……………………………….…………. 3RD APPELLANT VERSUS REPUBLIC …………………………………………...….... RESPONDENT CONCOLIDATED WITH CRIMINAL APPEAL NO.288 OF 1991
DAVID MAINA …………………………………….… 4TH APPELLANT VERSUS REPUBLIC …………………………………………...….... RESPONDENT JUDGMENT
The appellants were convicted of Go-down Breaking and Stealing contrary to Section 306 (a) Penal Code and were each sentenced to serve two years imprisonment plus two strokes of the cane. They appealed against both conviction and sentences.
The appeals were admitted to hearing on 15th July 1991 but were not prosecuted. Sentences have been served.
Appeals are hereby dismissed.
Dated and delivered at Mombasa this 22nd July 2003. A.G.A. ETYANG JUDGE