ANDREW KIOKO vs REPUBLIC [2003] KEHC 810 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYAAT MOMBASACRIMINAL APPEAL NO. 191 OF 1991

ANDREW KIOKO …………………….……………….. 1ST APPELLANT VERSUS REPUBLIC …………………………………………...….... RESPONDENT CONCOLIDATED WITH CRIMINAL APPEAL NO.203 OF 1991 PETER NYABUTO ……………………….……………. 2ND APPELLANT VERSUS REPUBLIC …………………………………………...….... RESPONDENT CONCOLIDATED WITH CRIMINAL APPEAL NO.204 OF 1991 JOHN NTHEI ……………………………….…………. 3RD APPELLANT VERSUS REPUBLIC …………………………………………...….... RESPONDENT CONCOLIDATED WITH CRIMINAL APPEAL NO.288 OF 1991

DAVID MAINA …………………………………….… 4TH APPELLANT VERSUS REPUBLIC …………………………………………...….... RESPONDENT JUDGMENT

The appellants were convicted of Go-down Breaking and Stealing contrary to Section 306 (a) Penal Code and were each sentenced to serve two years imprisonment plus two strokes of the cane. They appealed against both conviction and sentences.

The appeals were admitted to hearing on 15th July 1991 but were not prosecuted. Sentences have been served.

Appeals are hereby dismissed.

Dated and delivered at Mombasa this 22nd July 2003. A.G.A. ETYANG JUDGE