KENNEDY INDIEMA OMUSE
V.
REPUBLIC

JUDGMENT OF THE COURT

The appellant herein, KENNEDY INDIEMA OMUSE, was jointly charged with two others before the Senior Principal Magistrate’s Court at Kitale on the following five counts:-

1. Burglary and stealing contrary to sections 304(b) and 279(b) of the Penal Code.

2. Breaking into a building and committing a felony contrary to section 306(a) of the Penal Code.

3. Breaking into a building and committing a felony contrary to section 306(a) of the Penal Code.

4. Breaking into a building and committing a felony contrary to section 306(a) of the Penal Code.

5. Stealing stock contrary to section 278 of the Penal Code.

It should be pointed out that the appellant and his two co-accused appeared before the Senior Principal Magistrate (Mr. H.I. Ong’undi) on 23^rd September, 2004 when one of the accused persons one, PETER ONZERE TOVOI, (who was the 1^st accused) pleaded guilty to all the five counts but the appellant and another co-accused denied the charges.

The facts constituting the offences i…