IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Gicheru and Cockar JJ A)
CRIMINAL APPEAL NO 62 OF 1991
SAMUEL ALWENDA OYANI......................APPELLANT
VERSUS
REPUBLIC........................................RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya
at Nairobi (Porter and Mbaluto JJ) dated 1st October, 1990
in HC CR A No 957 of 1989)
JUDGMENT
The appellant’s conviction for the offence of demanding property with menaces contrary to section 302 of the Penal Code by the trial court was upheld by the first appellate court.
In this second appeal, his complaints are that in upholding the said conviction, the first appellate court was in error because the charge against him for the offence aforementioned was incurably defective as the menaces alleged against him were not particularised and the demand attributed to him was not proved beyond reasonable doubt. His conviction therefore was unsustainable.
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