JUDGMENT
The appellant has appealed against the original conviction and sentence in Criminal Case No. Nyahururu Principal Magistrate’s Court No. 383 of 2002. Earlier, the appellant with another not before Court had been charged for two Counts of house-breaking and stealing contrary to Sec. 304 (1) and 279 (b) of the Penal Code. The third charge against them was that of burglary and stealing, contrary to Sec. 304 (2) and 279 (b) of the Penal Code. After a full trial, the learned trial Magistrate passed the following sentence:
“He risked mob wrath and Court sentence him to serve 21⁄2 years on each alternative Count together with 5 strokes of cane, sentences consecutive.”
During the appeal, the appellant stated that he was not satisfied with the conviction and sentence since he was not found with the stolen goods that were produced in Court. Besides the above, the appellant recalled that he had gone to Ngomongo in Nyahururu to visit his girlfriend at around 8.00 p.m. However, on his way bac…