JUDGMENT OF THE COURT
The appellant LEONELL MWANGI KAHUGU was charged with two counts of malicious damage to property contrary to Section 339(1) of the Penal Code in the Chief Magistrate’s Court in Thika. The particulars of count 1 were that on the 10th day of October, 2001 at Githurai Kimbo village in Thika District within the Central Province jointly, with others not before court, wilfully and unlawfully damaged 12 rooms, 2500 pieces of roofing tiles, 150 pieces of moulds, 1080 metres of barbed wire and personal documents all valued at Kshs.154,504/= the property of PAUL MUHIA KARANJA. In count II the particulars were that on the 10th day of October, 2001 at Githura Kimbo village in Thika District within the Central Province jointly, with others not before court, willfully and unlawfully damaged 5 rooms, iron sheet fence, sign post board, 8 water drums, a generator-make Peter, domestic items and office equipment all valued at Kshs.268,932/= the property of MICHAEL TIBI MUIGAI.
The app…