Judgment[1992] KEHC 147
Case law
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Division and case type: CriminalMiscellaneous Criminal Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CRIMINAL REVISION NO 13 OF 1991 JOHN OPIYO ARUNGA..........................APPELLANT VERSUS REPUBLIC...........................................RESPONDENT REVISION This is an application for a revision under sections 362, 364, 365 and 367 of the Criminal Procedure Code. The application has been filed by M/s Gumba Onywera & Company Advocates for the applicant John Opiyo Arunga and it arises out of a Miscellaneous Criminal Application No 12 of
Division and case type: CriminalCriminal Appeal
statement made by the appellant to the police and which he gave to the court for perusal.At the conclusion of Mr Chunga’s outline of the facts the appellant then said:- “I agree all the facts.” He was then convicted of the offence and later sentenced to 5 years imprisonment. In passing sentence the learned Chief Magistrate stated that he had taken into consideration what the appellant had stated in mitigation as well as the contents of the appellant’s statement made to the police.
Division and case type: CriminalCriminal Appeal
conviction set aside and order that each be released forthwith unless otherwise, lawfully held. As for Julius Omando who confessed on oath to having stolen the complainant’s clothes, I direct that he be investigated further.