[2002] KECA 277 (KLR)
The Court found that the only legal issue raised on appeal was the appellant's identification as a participant in the offence. However, this issue was rendered moot by the appellant's own inquiry statement, which was admitted without objection and in which he confessed to assisting in carrying the stolen goods. The...
Source-derived case information.
- Citation
- [2002] KECA 277 (KLR)
- Parties
- Appellant: Gabriel Njeru Njimuko; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 108 of 2001
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal dismissed
- Legal Topics
- Container Breaking, Theft, Identification Evidence, Confession Statements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Njeru Njimuko
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the appellant was properly identified as a participant in the offence of container breaking and stealing.
- 2 Whether the conviction was supported by admissible evidence, particularly the appellant's own statement.
Ratio Decidendi
The Court found that the only legal issue raised on appeal was the appellant's identification as a participant in the offence. However, this issue was rendered moot by the appellant's own inquiry statement, which was admitted without objection and in which he confessed to assisting in carrying the stolen goods. The Court held that the evidence against the appellant was overwhelming and that his identification was not in dispute. The conviction and sentence were therefore upheld, and the appeal was dismissed as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The conviction and sentence of the lower court are upheld.
Full Case Text
Judgment text and source record
61 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT MOMBASA
(CORAM: OMOLO, LAKHA & OWUOR, JJ.A)
CRIMINAL APPEAL NO. 108 OF 2001
BETWEEN
GABRIEL NJERU NJIMUKO .................................
APPELLANT
AND
REPUBLIC ..............................................
RESPONDENT
(Appeal from the Judgment of the High Court of Kenya at
Mombasa (Commissioner of Assize, Khaminwa) dated
19th December, 2000
in
H.C.CR. APPEAL NO. 435 OF 1999)
****************
JUDGMENT OF THE COURT]
Gabriel Njeru Njimukowas jointly charged with another
with the offence of container breaking and stealing contrary
to section 279(g) of the Penal Code. He was convicted and
sentenced to seven years imprisonment with four strokes of the
cane.
His first appeal to the superior court was dismissed. He
has now appealed to this Court which can only entertain
questions of law under section 361(1) (a) of the Criminal
Procedure Code (CAP 75)Laws of Kenya. The particulars of the
offence with which he was charged and convicted stated that
:"Between 27th June 1999 and 11th July 1999, in Kilindini
Port within Mombasa District of the Coast Province,
jointly with others not before court, broke into
container number PCIU-230747-0 and stole from there-in seventy one (71) television sets make Soundmax LG
Model CF-14D16 all valued at Kshs.1,192,800/= the
property of Kimago Clearing and Forwarding Company
Limited.
Before us the only one point of law that was raised was
with regard to the question of his identification as the
person involved in the offence charged, but this point is a
simple one and need not trouble us or detain us. This is
because the appellant made an inquiry statement which was
produced and to which he did not object. In that statement he
admitted to have assisted the driver in carrying 28 television
sets contained in cartons.
In these circumstances, his identification was not in
dispute. The evidence against him was overwhelming. There is
no merit in this appeal. The sentence imposed was lawful.
Accordingly, the appeal is dismissed.
Dated and delivered at Mombasa this 24th day of January,
2002.
R.S.C OMOLO
...............
JUDGE OF APPEAL
A.A. LAKHA
...............
JUDGE OF APPEAL
E. OWUOR
...............
JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR