JUDGMENT
The appellant Paul Ndungu Mwaura was convicted of theft of a motor vehicle contrary to section 278A of the Penal Code (cap 63) and sentenced to eighteen months’ imprisonment. The High Court dismissed his first appeal and he has appealed to this court on nine grounds which we do not have in reproduce.
The circumstances underlying the appellant’s prosecution were as follows. He was charged with the theft of a Bedford lorry registration No KQB 290 in Kerugoya Criminal Case No 1618 of 1981. The complainant in that case was the same as in the present case namely Francis Kiiru Rukungu (PW1). The complaint in the Kerugoya case was withdrawn on August 12, 1982 and the appellant acquitted under section 204 of the Criminal Procedure code (cap 75). We do not have the Kerugoya record to verify, but Kiiru said in this case that the Kerugoya court allowed him to withdraw the complaint so that he could reconcile with the appellant who was to transfer the lorry registration No KVB 154, the sub…