JUDGMENT OF THE COURT
The appellant was found guilty of the offence of stealing from a dwelling house occupied by No. 53064 P. C. Michael Kamau. The items stolen or taken away by the appellant are described in the charge sheet. He was also convicted of the offence of resist-ing arrest contra section 253 (b) of the Penal Code.
We see no difficulty in coming to the conclusion that the appellant was quite properly identified as the person who stole the items in question. The identification cannot be faulted as the appellant had enjoyed the hospitality of P. C. Kibego's wife and was seen by those who identified him. When he was being arrested he resisted arrest. After his arrest some of the stolen items were recovered. He was even found wearing some of the clothes stolen by him. As against positive identification (as regards which we have no doubt) the appellant made an unsworn statement putting for-ward a story of having been hit on the nape of his neck when he had a sum of shs. 25,000/= o…