JUDGEMENT OF THE COURT
[1] This is a second appeal, and that being so, by dint of the provisions of Section 361 (1) (a) of the Criminal Procedure Code, only matters of law fall for our determination unless it is demonstrated that the two courts below failed to consider matters they should have considered or looking at the entire case, their decisions on such matters of fact were plainly wrong in which case this Court will consider such omission or action as matters of law. The appellant’s conviction solely turned on the doctrine of recent possession. To conceptualize the case that faced the appellant, it is imperative to repeat the background information and the evidence that led to his conviction and sentence.
[2] Peter Wanjohi Wangechi, the appellant was charged with three main counts of robbery with violence contrary to Section 296(2) of the Penal Code and two alternative charges of handling stolen property contrary to Section 322(2) of the Penal Code at the Chief Magistrate’s Court …