Kimuri v. Republic
Court of Appeal, at Nyeri
October 24, 1990
Hancox CJ, Nyarangi JA, Cockar Ag JA
Criminal Appeal No. 133 of 1989
On October 24, 1990, Hancox CJ, Nyarangi JA, Cockar Ag JA delivered the following
Judgment.
Following the dismissal of his appeal by the High Court at Nyeri from his conviction of demanding property with menances contrary to section 302 of the Penal Code by the resident magistrate, Nyahururu, the appellant through his advocate Mr Ngunjiri filed a Memorandum of Appeal containing the following grounds of appeal:-
1. Having established that corruption was the proper charge the judge should have allowed the appeal.
2. The learned resident magistrate failed to appreciate that if she was satisfied that the sum of Kshs.60 was passed to the appellant by PW 3 an offence of corruption was committed and no longer that of demanding.
3. The learned resident magistrate failed to appreciate that if she was satisfied that the sum of Kshs.60 was passed to the appellant by PW 3 an of…