JUDGMENT OF THE COURT
The first appellant Joseph was convicted in the Court of the Resident Magistrate at Machakos on three counts of handling stolen cattle, contrary to section 322(2) of the Penal Code, and was sentenced to three concurrent terms of seven years’ imprisonment. The second appellant (Peter) was convicted in the same trial on two counts of stock theft, contrary to section 278 of the Penal Code, and was sentenced to two concurrent terms of seven years imprisonment and to six strokes of corporal punishment on each count. They both appealed to the High Court (Hancox J). Joseph’s appeal succeeded on one count, but failed and was dismissed on the other two counts. Peter’s appeal was dismissed in toto. This being a second appeal, it is confined to points of law.
Peter’s appeal presents no difficulty. He was convicted of stealing three head of cattle on the night of 11th January 1979, and six head of cattle on the night of 9th February 1979. There was direct evidence, acceptable …