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CLEMENT WARURU NYAHURO
V.
REPUBLIC

(1995) JELR 103439 (CA)

Court of Appeal 28 Sep 1995 Kenya
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Case Details

Suit Number:Criminal Appeal 2 & 72 of 1995
Judges:Johnson Evan Gicheru Philip Kiptoo Tunoi
Location:Nairobi
Other Citations:CLEMENT WARURU NYAHURO v. REPUBLIC [1995] eKLR

JUDGMENT OF THE COURT

These two appeals have been consolidated for convenient disposal.

The appellant was convinced on own plea of guilty on the offence of burglary and stealing contrary to sections 304(2) and 279(b) of the Penal Code and sentenced to a concurrent 3year's imprisonment on each limb and 12 strokes of the cane. This was in Criminal Case No. 241 of 1994 (Criminal Appeal No. 2 of 1995 herein).

It would appear that so soon thereafter the appellant was again arraigned before the same magistrate on a similar charge of burglary and stealing to which he pleaded guilty and was accordingly sentenced to 2 year's imprisonment on each limb. The jail term were ordered to be served concurrently. The appellant was also ordered to receive 8 strokes of the cane. This latter case was Criminal No. 242 of 1994 (Criminal appeal No. 72 of 1995 herein). The sentences imposed in the second case were ordered to be served consecutively with those already imposed in Criminal Case No. 241 of 1994. His…

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