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JAMES OBIRI
V.
REPUBLIC

(1981) JELR 97774 (CA)

Court of Appeal 30 Nov 1981 Kenya
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Case Details

Suit Number:Criminal Appeal 58 of 1981
Judges:Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller, Kenneth D Potter
Location:Kisumu
Other Citations:James Obiri v. Republic [1981] eKLR

JUDGMENT

Madan JA This is a second appeal. The appellant was convicted by the Senior Resident Magistrate, Kisii, of stealing 130 packets of hybrid maize, the property of Kenya Farmers Association, Kisii. His appeal to the High Court was summarily rejected under Section 352(2), Criminal Procedure Code. There were three accused in the trial before the magistrate.

The appellant’s memorandum of appeal filed on his behalf by his advocates in the High Court, listed eight grounds of appeal.

(a) that there was no evidence connecting the appellant with the maize produced in court, therefore there was no proper evidence to support the appellant’s conviction;

(b) that there was no corroboration of the evidence of PW 2 and PW 3;

(c) that the evidence of one of the accused was accomplice evidence to be treated with caution;

(d) that the burden of proof was shifted to the appellant;

(e) the magistrate’s judgment was on matters not on record;

(f) the sentence of three years imprisonment was severe.

The…

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