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JOSEPH NDUNGU KIMANYI
V.
REPUBLIC

(1979) JELR 100608 (CA)

Court of Appeal 22 Oct 1979 Kenya
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Case Details

Suit Number:Criminal Appeal 22 of 1979
Judges:Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller, Kenneth D Potter
Location:Nairobi
Other Citations:Joseph Ndungu Kimanyi v. Republic [1979] eKLR

JUDGMENT

The appellant was convicted of the offence of obtaining money by false pretences, contrary to section 315 of the Penal Code, and sentenced to three years’ imprisonment. His appeal to the High Court having been summarily rejected under section 352(2) of the Criminal Procedure Code, he has appealed to this Court. Section 352(2) provides:

Where an appeal is brought on the ground that the conviction is against the weight of the evidence, or that the sentence is excessive, and it appears to a judge that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead him to the opinion that the sentence ought to be reduced, the appeal may without being set down for hearing, be summarily rejected by an order of the judge certifying that he has perused the record and is satisfied that the appeal has been lodged without any sufficient ground for complaint.

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