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NGUKU
V.
REPUBLIC

(1985) JELR 97597 (CA)

Court of Appeal 25 Jun 1985 Kenya
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Case Details

Suit Number:Criminal Appeal 106 of 1983
Judges:John Mwangi Gachuhi, Harold Grant Platt, Alan Robin Winston Hancox
Location:Kisumu
Other Citations:Nguku v. Republic[1985] eKLR

JUDGMENT

This is a second appeal by the appellant from the decision of the High Court at Nairobi. (Sachdeva and Porter JJ) dismissing his appeal against his conviction for corruption in office contrary to section 3(1) of the Prevention of Corruption Act (cap 65), and a sentence of eighteen months’ imprisonment.

In November 1981 Charles Odeya Odero, a plumber at Kisumu Airport, was suspected of being involved in the theft of water pipes from the store. The officer-in-charge of the Airport, Meshack Anyama Okello, who was referred to by the trial magistrate as the complainant, and we shall so refer to him, was to be called as a prosecution witness and bonded accordingly. After several adjournments, the case was fully adjourned to January 19, 1982 at Winam Court. Initially Odero only was charged with theft of the water pipes but after the appellant, a serving police officer at Kisumu police station, took over the investigation in the middle of January, 1982, the complainant was joined as a …

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