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NGUGI
V.
REPUBLIC

(1985) JELR 98443 (CA)

Court of Appeal 18 Nov 1985 Kenya
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- Appellants were convicted of stealing and being in possession of stolen property contrary to section 268 of the Penal Code (Cap 63), sentenced to seven years’ imprisonment plus corporal punishment, terms to run concurrently; their consoli

Case Details

Suit Number:Criminal Appeal No 78 of 1984
Judges:James Onyiego Nyarangi, Harold Grant Platt
Location:Nairobi
Other Citations:Ngugi v. Republic[1985] eKLR

JUDGEMENT

Child – meaning of - Age of Majority Act – full age – effect of attainment of – Children and Young Persons Act.

Appeal - on a point of law - point based on facts in evidence -matters that can be raised at appeal.

The appellant with two others were convicted on two counts of stealing and being in possession of stolen property contrary to section 268 of the Penal Code.

Their first appeals were consolidated, heard and dismissed.

The appellants contended that there was no sufficient evidence to support he doctrine of recent possession and that two of them were categorised to fall under Children and Young Persons Act and should not have been placed with grown ups and should have been given non-custodial sentence.

Held:

1. A person shall be of full age and cease to be under any disability by reason of age on attaining the age of eighteen years and a young person means a person who is of the age of sixteen years or more or under the age of eighteen years (section 2 of the Age of Majority …

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