[2003] KEHC 408 (KLR)
The court found that the conviction for receiving goods stolen outside Kenya was proper under Section 326 of the Penal Code. The appellant failed to prosecute the appeal after it was admitted for hearing, and the sentence had already been served. There was no merit in the appeal against conviction or sentence, and...
Source-derived case information.
- Citation
- [2003] KEHC 408 (KLR)
- Parties
- Appellant: Said Ally Mohamed; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 289 of 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Receiving Stolen Property, Extraterritorial Offences, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Said Ally Mohamed
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for receiving goods stolen outside Kenya was proper under Section 326 of the Penal Code.
- 2 Whether the sentence imposed was lawful and appropriate.
Ratio Decidendi
The court found that the conviction for receiving goods stolen outside Kenya was proper under Section 326 of the Penal Code. The appellant failed to prosecute the appeal after it was admitted for hearing, and the sentence had already been served. There was no merit in the appeal against conviction or sentence, and thus the appeal was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLATE SIDE
CRIMINAL APPEAL NO.289 OF 1991
(From Original conviction and sentence in Criminal Case No.2459 of
1990 of the Chief Magistrate’s Court, Mombasa on 15th April 1991)
SAID ALLY MOHAMED …………..….…………………… APPELLANT
VERSUS
REPUBLIC …………………..………………………….. RESPONDENT
J U D G M E N T
Appellant was convicted of Receiving Goods Stolen Outside Kenya contrary to Section 326 of the Penal Code and was sentenced to one year imprisonment. He appealed against conviction and sentence. The appeal was admitted to hearing on 10th December 1991 but was not prosecuted. Sentence has been served.
Appeal is dismissed.
Dated and delivered at Mombasa this 25th July 2003.
A.G.A. ETYANG JUDGE