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Court of AppealOtherCriminal Appeal No. 155 of 1988· [1985] KECA 145 (KLR)

DAN OLOGI vs REPUBLIC [1985] KECA 145 (KLR)

Court of Appeal
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383 words in judgment
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The bottom line

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Dan Ologi, convicted of handling a stolen typewriter, appealed to Kenya's Court of Appeal, though the available record does not reveal the final outcome.

What this practically means

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Executive summary

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This is a second appeal to the Court of Appeal at Mombasa by Dan Ologi against the summary rejection by Aragon, J. of his first appeal, conducted under Section 352(2) of the Criminal Procedure Code. The appellant had been tried in the subordinate court on a charge of stealing a typewriter valued at about Shs. 15,000, the property of Dansons Agencies, contrary to Section 275 of the Penal Code, with an alternative count of handling stolen property contrary to Section 322(2) of the same Code. The evidence recounted was that the typewriter was stolen from the complainant's Mombasa office on 19th March 1985 between 4.00 p.m. and 5.00 p.m.; that the appellant and another were found in possession of it that afternoon, asking a hotel receptionist to keep it for them; that the appellant collected it later that evening; and that after his arrest on 29th May 1985 he led police to the Splendid Hotel where the typewriter was recovered. On that evidence the trial court convicted the appellant of handling stolen property and sentenced him to seven years' imprisonment with hard labour. The text of the judgment as supplied ends at the recitation of that conviction and sentence, and does not contain the Court of Appeal's determination, final orders or costs decision; no separate opinions, cited authorities or disposition are visible.

Key legal issues

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Legal principles established

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    Court orders

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      Authorities

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      Legislation

      • Penal CodeSection 275
      • Penal CodeSection 322(2)
      • Criminal Procedure CodeSection 352(2)
      On appeal from
      High Court of Kenya at Mombasa
      H.C. Cr. Appeal No. 402 of 1985
      Jurisdiction invoked
      Second appeal to the Court of Appeal under the Criminal Procedure Code (appeal from summary rejection of first appeal under Section 352(2) of the Criminal Procedure Code)

      Key timeline

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      Practical implications

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      Frequently asked questions

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      Cite this brief

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      Cite this brief

      Caselaw, "DAN OLOGI vs REPUBLIC [1985] KECA 145 (KLR)", Case Analysis (). Criminal Appeal No. 155 of 1988. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1985/145/eng@1985-05-29

      Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.