JUDGMENT
The appellant, Michael Mukundi Thiong’o, is one of three police officers who were charged in a Senior Resident Magistrate’s Court at Nairobi with wrongful confinement (in the first count) and demanding property with menaces (on the second count). Two were convicted on both counts and the third was acquitted. The two convicted officers were each sentenced to nine months’ and seven years’ imprisonment on the two respective counts; the sentences to run concurrently. They both appealed to the High Court against their convictions and sentences. The High Court quashed the conviction of the appellant on the first count but dismissed his appeal against the conviction and sentence on the second count. The second officer’s appeal on both counts was dismissed. Both officers have now appealed to this Court against the decision of the High Court.
At the hearing the other officer did not appear nor was he represented and, as it appeared that he had not been served with a hearing notice, his …