[1995] KECA 45 (KLR)
The Court of Appeal found that both the trial court and the High Court made concurrent findings of fact, and there was no misdirection or error of law identified in their judgments. No point of law was raised in the second appeal to justify interference with the conviction or sentence. The conviction for stock theft...
Source-derived case information.
- Citation
- [1995] KECA 45 (KLR)
- Parties
- Appellant: Kitipa Ole Nkukuu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 51 of 1994
- Procedural Posture
- Criminal Appeal / Second Appeal; Judgment of the Court of Appeal
- Outcome
- Appeal dismissed; conviction and sentence upheld.
- Legal Topics
- Stock Theft, Penal Code Offences, Criminal Appeals, Sentencing, Concurrent Findings, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kitipa Ole Nkukuu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal; Judgment of the Court of Appeal
Legal Issues
- 1 Whether the conviction for stock theft under section 278 of the Penal Code was supported by evidence.
- 2 Whether there was any misdirection by the trial or first appellate court warranting interference by the Court of Appeal.
Ratio Decidendi
The Court of Appeal found that both the trial court and the High Court made concurrent findings of fact, and there was no misdirection or error of law identified in their judgments. No point of law was raised in the second appeal to justify interference with the conviction or sentence. The conviction for stock theft under section 278 of the Penal Code was therefore upheld, and the appeal was dismissed.
Court Disposition
Appeal dismissed; conviction and sentence upheld.
Orders
- The appeal is dismissed.
- The conviction and sentence imposed by the lower courts are upheld.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU
Criminal Appeal 51 of 1994
KITIPA OLE NKUKUU……………....................................…….…………………………….APPLICANT
AND
REPUBLIC……………...............................……………………………………………….RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Nakuru (Mr. Justice Rimita) dated 7th December, 1993
IN
H.C.CR.A. NO. 304 OF 1993)
*************************
JUDGMENT OF THE COURT
The appellant, Kitipa Ole Nkukuu, was after trial convicted of stock theft contrary to section 278 of the Penal Code and sentenced to 4 1/2 years imprisonment plus 8 strokes of the cane. His appeal to the High Court of Kenya at Nakuru (Rimita, J.) was dismissed.
The trial and the first appellant Courts, in our view, made concurrent findings of fact and we discern no misdirections in them. There is no point of law raised in this second appeal to persuade us to interfere with the conviction. Consequently this appeal is dismissed.
Dated and delivered at Nakuru this 25th day of September, 1995.
J.E. GICHERU
……………………….
JUDGE OF APPEAL
P.K. TUNOI
………………………
JUDGE OF APPEAL
A.B. SHAH
………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR