JUDGMENT
The appellant was convicted by a district magistrate II of stealing, contrary to section 275 of the Penal Code (cap 63). The district magistrate II then committed him to the chief magistrate’s court under section 221(1) of the Criminal Procedure Code (cap 75) for sentence. Only one of his admitted two previous convictions was relevant. He was sentenced to eighteen months’ imprisonment. His appeal to the High Court was summarily dismissed by Nyarangi J and he appeals to this court.
The exercise of the power of summary rejection of appeals under section 352(2) of the Criminal procedure code is strictly limited to cases where the appeal is brought on the ground that the conviction is against the weight of evidence or the sentence is excessive - R v. Karioki Gachuhi [1950] 17 EACA 141 Mulakh Raj Mahan v. Reginam [1954] 21 EACA 383. In his grounds of appeal to the High court the appellant complained that the prosecution evidence against him was fabricated lies and unreliable. When, …