IN THE COURT OF APPEAL
AT NAKURU
(Coram: Masime, Gicheru and Kwach, JJA)
CRIMINAL APPEAL NO 97 OF 1989
KARIUKI.......................................................PLAINTIFF
VERSUS
REPUBLIC...................................................DEFENDANT
JUDGMENT
September 26, 1989, Masime, Gicheru and Kwach, JJA delivered the following judgment.
The appellant was convicted on his own plea of guilty of the offence of removing forest produce without a permit from the chief conservator contrary to section 8(1) (a)(i) of the Forests Act (cap 385), and fined Kshs 1,000 or 2 months imprisonment in default. His appeal to the High Court was summarily rejected under section 352 (2) of the Criminal procedure Code.
The summary rejection of the appellant’s appeal was wrong for two reasons. First, the plea itself was not unequivocal.
Secondly, the particulars on the charge sheet did not disclose an offence under section 8(1)(a)(i) because there is no allegation that the alleged offence, if any, was committed wi…