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KIMUNYU
V.
REPUBLIC

(1993) JELR 104648 (CA)

Court of Appeal 22 Jul 1993 Kenya
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Case Details

Suit Number:Criminal Appeal 113 of 1992
Judges:Abdul Majid Cockar, John Mwangi Gachuhi, Fred Kwasi Apaloo
Location:Nyeri
Other Citations:Kimunyu v. Republic [1993] eKLR

JUDGMENT

The appellant, a clerical officer in Kirinyiga District Land Office at Kerugoya, was convicted of corruption contrary to section 3 (1) of the Prevention of Corruption Act (Cap 65) of the Laws of Kenya, and sentenced to four years’ imprisonment. His appeal against conviction to the superior court at Nyeri was dismissed but the sentence was reduced to 2 years’ imprisonment. This being a second appeal it is not for this Court now to question the concurrent findings of fact made by the two lower courts. After claiming that six of the seven grounds of appeal had raised issues on law, Mr. Mahan, who appeared for the appellant, then argued grounds No 3, 4, and 7 together and grounds No 1, 2, and 5 together. He abandoned ground no 6 as that related to sentence.

With regard to grounds No 3, 4, and 7 which he argued first, Mr. Mahan’s contention was that having accepted the evidence of the complainant, Police Inspector John Ndungu Munoru (PW1), a prosecutor at Makadara Law Courts, and ha…

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