JUDGMENT OF THE COURT
This is a second appeal. The appellants were convicted in the Principal Magistrate's Court at Nyahururu of handling stolen goods, contrary to section 322 (2) of the Penal Code having received or retained two bearings knowing or having reason to believe them to be stolen goods.
The facts of the case were that on 8th November, 1994, some stolen property including two bearings were stolen from a saw-mill in Ol-Joro Orok of which Ezekiel Mwenja Ngure was the owner. It was not in use as part of it had been damaged by fire. On information supplied by Accused 4 who had been jointly charged with the appellant but acquitted, the police in the course of its investigation found some items to have been sold to a businessman at Rift Valley Engineering Works. These were sold to him by the first appellant who was a scrap metal dealer and who was informed by Accused No. 1 Isaac Kuria Mwenja (a son of the complainant who was also jointly charged with the appellants but pleaded guil…