JUDGMENT
James Okioga Siungi and George Karigu Gatonga were charged in the Magistrate’s Court with the offence of cutting and removing forest produce contrary to section 8(1) (a) (i) as read with section 14 (1) (a) of the Forest Act cap 385 Laws of Kenya. The particulars of the offence were stated in the charge sheet to be that on the 30th day of August, 2003, along Ragati Karatina road, in Nyeri district, within Central province, they were found having cut and removed 70 pieces of Camphor beams valued at Kshs 196,000/= using a motor vehicle registration No KMN 363 Nissan Camble without the authority of the Chief Conservator of Forests.
At the trial it transpired that the accused persons had been arrested at 3.30 am, that the timber in question belonged to James Siungi and that the motor vehicle in question was being driven by George Gatonga. Siungi maintained that the timber had been picked from his home and that he had bought it from various people. George Gatonga for his part stated …