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MWITA WAMBURA
V.
REPUBLIC

(1981) JELR 97615 (CA)

Court of Appeal 30 Nov 1981 Kenya
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Case Details

Suit Number:Criminal Appeal 53 of 1981
Judges:Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller, Kenneth D Potter
Location:Kisumu
Other Citations:Mwita Wambura v. Republic [1981] eKLR

IN THE COURT OF APPEAL

AT KISUMU

( Coram: Madan, Miller and Potter JJA )

CRIMINAL APPEAL NO. 53 OF 1981

BETWEEN

MWITA WAMBURA......................................................APPELLANT

AND

REPUBLIC...................................................................RESPONDENT

JUDGMENT

Madan JA This is yet another second appeal arising out of the first appeal being summarily rejected by the High Court under Section 352(2) of the Criminal Procedure Code.

We commend for the attention of the learned judges of the High Court, our judgment delivered earlier today in James Obiri, Criminal Appeal No 58 of 1981(Kisumu), where we stated in detail the practice to be followed when considering summary rejection of a criminal appeal, The appellant was convicted of stealing stock contrary to Section 278 of the Penal Code, and sentenced to seven years imprisonment, two strokes and a five year reporting order. The appellant’s memorandum of appeal in the High Court was on the basis of identification as to whet…

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