IN THE COURT OF APPEAL
AT NAKURU
(Coram: Platt, Gachuhi and Apaloo JJ A)
CRIMINAL APPEAL NO 140 OF 1988
Between
JOSEPH RUSWETI..................................... APPELLANT
AND
REPUBLIC....................................................RESPONDENT
JUDGMENT
(Appeal from a judgment of the High Court at Nakuru, Tunoi J, dated 23rd September 1988
in
High Court Criminal Appeal No 441 of 1987)
*************************************
1989, the following Judgment of the Court was delivered.
The appellant was, on the 16th November, 1987, convicted of an offence under section 95(1) of the Penal Code and was sentenced to a fine of Ksh. 2,000 or in default 6 months imprisonment. He appealed against his conviction and sentence to the High Court. On the 23rd September, 1988, that Court affirmed the conviction and dismissed the appeal. The appellant brought a second appeal to this Court. The right to prefer a second appeal to this Court was conferred by section 361(1) of the Criminal Procedure Code and is limite…