[1985] KECA 105 (KLR)
The Court of Appeal held that the appellant was found in recent possession of the complainant's spraying pump, which had been stolen from the complainant's premises. The evidence established that the appellant had given the pump to PW2 as security, and there was no satisfactory explanation for his possession of the...
Source-derived case information.
- Citation
- [1985] KECA 105 (KLR)
- Parties
- Appellant: Kinuthia; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 160 of 1984
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed; conviction upheld
- Legal Topics
- Recent Possession, Burglary, Theft, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinuthia
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the doctrine of recent possession applied to the appellant in relation to the stolen spraying pump.
- 2 Whether the conviction based on the appellant's possession of the complainant's property was sustainable on the evidence.
- 3 Whether any points of law were raised on second appeal to warrant interference with the conviction.
Ratio Decidendi
The Court of Appeal held that the appellant was found in recent possession of the complainant's spraying pump, which had been stolen from the complainant's premises. The evidence established that the appellant had given the pump to PW2 as security, and there was no satisfactory explanation for his possession of the stolen property. The magistrate's conclusion that the appellant broke into the complainant's premises to steal the spraying pump was supported by the evidence. The High Court's summary rejection of the first appeal was proper, as the grounds raised did not disclose any arguable points of law. On the second appeal, the appellant failed to raise any points of law to persuade the...
Court Disposition
appeal dismissed; conviction upheld
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
Kinuthia v Republic
Court of Appeal, at Nakuru March 12, 1985 Madan, Hancox, & Nyarangi JJA
Criminal Appeal No 160 of 1984
(Appeal from an order of the High Court of Kenya at Nakuru, Masime J) March 12, 1985, Madan, Hancox, & Nyarangi JJA delivered the following Judgment.
The appellant a former employee of the complainant was in possession of the complainant’s spraying pump by December 6, 1983. The complainant lost a spraying pump on November 19, 1983 which the appellant gave to PW2, it appears as security.The appellant was in recent possession of the complainant’s missing property which he came by unlawfully. The magistrate’s conclusion that the appellant broke into the complainant’s premises to steal the material spray pump is sustainable on the evidence.PW2 wasn’t in the circumstances as accomplice.
The summary rejection was perfectly proper having regard to the four grounds of appeal before the High Court.
In this second appeal, the appellant hasn’t raised any points of law in his original and supplementary memorandum of appeal to persuade us to interfere with the conviction. We dismiss the appeal.