Kimuri v Republic [1990] KECA 64 (KLR)
- Court
- Court of Appeal
- Case number
- 64
- Citation
- [1990] KECA 64 (KLR)
- Decided
- 24 October 1990
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from High Court JudgmentCoramA.R.W. HANCOX, J.O. NYARANGI, A.M. COCKAR
Holding
The appeal is dismissed. The conviction for demanding property with menaces is safe.
Facts
The appellant, an Administrative Policeman, demanded property with menaces from the complainant, who was arrested for hawking without a license. The appellant asked the complainant to produce money, threatened to slap him if he did not have the money, and later demanded Kshs. 60 from the complainant through an intermediary, Wanjuki.
Issues
- Whether the offence of demanding with menaces was properly proved
- Whether Wanjuki's evidence needed corroboration
- Whether there were material contradictions surrounding the passing of Kshs. 60 to the appellant
Reasoning
The court found that the offence of demanding with menaces was properly proved and that Wanjuki's evidence did not need corroboration. There were minor contradictions in the evidence, but they did not affect the credibility of the witnesses.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Section 302 of the Penal Code
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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