[1985] KECA 14 (KLR)
The Court of Appeal found no merit in the appellant's claims that the items were planted by the police, noting that the officers had no prior knowledge of the appellant and that the appellant himself admitted this. The evidence established unlawful possession beyond reasonable doubt. The summary rejection of the...
Source-derived case information.
- Citation
- [1985] KECA 14 (KLR)
- Parties
- Appellant: Kigonyere; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 93 of 1984
- Procedural Posture
- Criminal Appeal / Appeal From Summary Rejection of Appeal by High Court
- Outcome
- appeal dismissed
- Legal Topics
- Unlawful Possession, Government Stores, Poisons, Criminal Procedure, Evidence Handling
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kigonyere
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Summary Rejection of Appeal by High Court
Legal Issues
- 1 Whether the appellant was unlawfully in possession of government stores and Part One Poison contrary to the relevant statutes.
- 2 Whether the appellant's explanation that the items were planted by police officers was credible.
- 3 Whether the failure to mark exhibits affected the fairness of the trial.
Ratio Decidendi
The Court of Appeal found no merit in the appellant's claims that the items were planted by the police, noting that the officers had no prior knowledge of the appellant and that the appellant himself admitted this. The evidence established unlawful possession beyond reasonable doubt. The summary rejection of the appeal by the High Court was proper. The failure by the trial magistrate to mark the exhibits was noted as a procedural irregularity but did not occasion a miscarriage of justice or affect the outcome of the case.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
Kigonyere v RepublicCourt of Appeal, at Nairobi January 7, 1985Madan, Hancox JJA & Nyarangi Ag JJACriminal Appeal No 93 of 1984(Appeal from the High Court at Nairobi, Aganyanya J)
January 7, 1985,Madan, Hancox JJA & Nyarangi Ag JJA delivered the following Judgment. The appellant was convicted on two counts of unlawful possession of government stores contrary to section 324(2) of the Penal Code (cap 63), and on another count of unlawful possession of Part One Poison contrary to section 26(2) of the Pharmacy and Poisons Act, (cap 244). His appeal to the High Court was summarily rejected under section 352(2) of the Criminal Procedure Code (cap 75). He has appealed.
The government stores and the Part One Poison were found in the appellant’s coat under a bed when his house was searched during a police raid. His explanation was that they were planted on him by a police corporal and a constable who searched his house. These two police officers testified that they had not known the appellant previously, as also admitted by the appellant before us.
There is no merit in this appeal. It is ordered to be dismissed.
We note that the trial magistrate did not mark the government stores and the Part One Poison when produced before him as exhibits.
It is important to do so.