[1982] KECA 46 (KLR)
The Court of Appeal found that the trial magistrate's judgment was well-reasoned and convincing, with no doubt as to the appellant's guilt. The identification of the appellant by two witnesses and the expert opinion confirming his handwriting on the stolen cheques provided sufficient evidence for conviction. No...
Source-derived case information.
- Citation
- [1982] KECA 46 (KLR)
- Parties
- Appellant: Oyoko; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 8 of 1981
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Judges
- EJE Law, KD Potter
- Legal Topics
- Burglary, Forgery, Uttering False Documents, Obtaining Goods by False Pretences, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oyoko
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant was properly identified as the person who used the stolen cheques to obtain goods.
- 2 Whether the convictions for burglary, stealing, forgery, uttering false documents, and obtaining goods by false pretences were supported by the evidence.
- 3 Whether there were any points of law fit for consideration on a second appeal.
Ratio Decidendi
The Court of Appeal found that the trial magistrate's judgment was well-reasoned and convincing, with no doubt as to the appellant's guilt. The identification of the appellant by two witnesses and the expert opinion confirming his handwriting on the stolen cheques provided sufficient evidence for conviction. No points of law suitable for a second appeal were raised, and the court affirmed that it is not concerned with the severity of sentence at this stage. The appeal was therefore dismissed as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM:LAW, POTTER JJA & HANCOX AG JA)
CRIMINAL APPEAL NO 8 OF 1981
OYOKO...............................................APPELLANT
VERSUS
REPUBLIC..............................................RESPONDENT
JUDGMENT
There are no merits in this second appeal. A cheque book was stolen in the course of a burglary on December 4, 1976. Soon afterwards a man started using the stolen cheques to obtain goods from traders. That man was identified in court by two witnesses and his signature on some of the cheques has been certified to be in his handwriting in the opinion of a Government Document Examiner.
The appellant was convicted of burglary and stealing and of seventeen counts of forgery, uttering false documents, obtaining goods by false pretences and other cognate offences, by a Resident Magistrate at Kisumu, Mr Omolo. He was acquitted on four counts. His appeal to the High Court was summarily rejected.
We have found Mr Omolo’s judgment to be a well-reasoned and convincing piece of work. It leaves us with no doubt that the appellant was properly convicted. No points of law fit for consideration on a second appeal have been raised. We are not concerned with severity of sentence on a second appeal, but in any event the total effective sentence of four years imprisonment and four strokes of corporal punishment seems reasonable. We order that this appeal be dismissed.
Dated and delivered at Kisumu this 6th day of December 1982
E.J.E LAW
...................
JUDGE OF APPEAL
K.D POTTER
.........................
JUDGE OF APPEAL
A.R.W HANCOX
.............................
AG JUDGE OF APPEAL