JUDGMENT
These two appellants, together with a third accused, one Peter Kamore Muchiri (now deceased), were after a lengthy trial, convicted of stealing goods in transit contrary to section 279 (e) of the Penal Code. The particulars alleged that between 11th August, 1984 and 27th August, 1984 at Nakuru railways marshalling yard, in Nakuru District within the Rift Valley Province, jointly with others not before the court, stole 320 bundles of iron sheets valued at Kshs.570,000, from railway wagon No CLB 53330, while the said goods were in transit from Changamwe to Kenya Farmers Association, Nakuru. They were each sentenced to three and a half years imprisonment plus 8 strokes of the cane. The appeals of these two appellants to the High Court against both conviction and sentence, which were consolidated and heard together for convenient disposal, were dismissed, giving rise to the present appeal.
To avoid the prospect of having to hear two separate appeals arising from the original decisi…