KIMURI vs REPUBLIC [1990] KECA 40 (KLR)
- Court
- Court of Appeal
- Case number
- 40
- Citation
- [1990] KECA 40 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from High Court convictionCoramHancox CJ, Nyarangi JA, Cockar Ag JA
Holding
The appeal is dismissed. The conviction for demanding property with menaces is upheld.
Facts
The appellant, an Administrative Policeman, demanded property from the complainant with menaces. The complainant was arrested and taken to the Administration Police Post. The appellant asked the complainant to produce something and threatened to slap him if he did not have the money. Later, the appellant took the complainant to Mukeu Farmers Union Building and demanded Kshs.60 from him.
Issues
- Whether the offence of demanding property with menaces was properly proved
- Whether the evidence of Wanjuki, PW 3, should have been treated as that of an accomplice
Reasoning
The court found that the evidence supported the conviction for demanding property with menaces. The contradictions in the evidence were deemed minor and did not affect the credibility of the witnesses.
Outcome
Appeal dismissed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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