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…others v Republic High Court, at Kisii April 11, 1991 Patel J Criminal Appeals Nos 12, 13 & 24 of 1991 Criminal Law – stock theft – appellants alleging to have been voluntarily given 11 heads of cattle by the complainant as compensation…

…The complainant, it was alleged, offered to give away some 11 heads of cattle as compensation for the lost animals which was agreed but he was all the same arrested and later released.…

…The complainant is said to have paid Kshs 1,000.00 to the appellant as compensation. This payment of compensation was not challenged.…

…If the appellant was paid compensation by the complainant then this is an indication of negligence on the part of the complainant. The learned senior state counsel (Mr Nyagah) did not seek to support the conviction.…

…The complainant is said to have paid Kshs 1,000.00 to the appellant as compensation. This payment of compensation was not challenged.…

…If the appellant was paid compensation by the complainant then this is an indication of negligence on the part of the complainant. The learned senior state counsel (Mr Nyagah) did not seek to support the conviction.…

…regards the robbery charge the complainant’s cattle had apparently strayed into the appellant’s land and caused damage for which the appellant impounded them and refused to release them to the complainant’s wife, demanding compensation…

…He deposed further that he was never awarded damages on account of the defendant’s occupation of his property and that he is being prejudiced without any route to adequate compensation from this court.…