George Itiotia Karuku v Republic [1994] KECA 33 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that following your boss's orders is no defence when you knowingly sell property that isn't yours.
What this practically means
#Executive summary
#Key legal issues
#Appellate interference with concurrent findings of fact
The Court of Appeal agreed with and upheld the concurrent findings of the Magistrate and the High Court, and declined to disturb them
The court noted there were two concurrent findings of fact by the Magistrate and the High Court judge, with which it was in full agreement. On that basis, it saw no basis to interfere, and it endorsed the judge's upholding of the Magistrate's finding that the appellant knowingly sold parts of an aircraft that did not belong to him or his superior.
Defence of superior orders
The defence of superior orders was unavailable where the appellant disposed of the aircraft parts knowing the disposal was without the owner's consent
Even assuming the appellant's superior had instructed him as alleged, the court found sufficient independent evidence that the appellant disposed of the aircraft parts knowing full well this was without the consent of the owner. The circumstances showed this was not a case of 'finders keepers', and the same conclusion had been reached by both courts below.
Legal principles established
#- An appellate court will not lightly interfere with two concurrent findings of fact by the trial and first appellate courts where it agrees with them
- The defence of superior orders is unavailable where the accused knew that disposal of the property was without the owner's consent
Court orders
#- 1.Appeal dismissed
- On appeal from
- High Court of Kenya at Mombasa
- H.C.CR.A. No. 261 of 1993
- Jurisdiction invoked
- First appellate jurisdiction under the Criminal Procedure Code (appeal from High Court on appeal from Magistrate's Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "George Itiotia Karuku v Republic [1994] KECA 33 (KLR)", Case Analysis (1994). Criminal Appeal 63 of 1994. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1994/33/eng@1994-07-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.