JUDGMENT OF THE COURT
The appellants were charged in the court of the Senior Resident Magistrate at Lodwar with the offence of stock theft contrary to section 278 of the Penal Code. When plea was taken on 7th April, 2005, they denied the charge.
The complainant Echakar Edapal is the father of the appellants. On diverse dates between 1st January, 2005 and 9th March, 2005, he took his 24 camels for grazing unattended at Lokapel Manyatta Katilu in Turkana District.
The animals grazed randomly within that area but when he later went to check on them, he found them missing.
He informed his neighbours of the loss and also carried out his own investigations which revealed that the appellants had been seen driving them away and that they had sold them to various people in Katilu area, whereafter they went into hiding.
The appellants were later arrested on 3rd April, 2005 by Kenya Police Reserve Servicemen, taken to Katilu Police Patrol Base then to Kainuk Police Station where they were charged wit…