JUDGMENT OF THE COURT
On March 18, 1982 David Waweru Kariuki, the Appellant, was convicted by the Resident Magistrate, Naivasha, of kiosk breaking and stealing contrary to section 306 of the Penal Code, and sentenced to 6 years imprisonment with 6 strokes corporal punishment. He appealed from his conviction and sentence to the High Court and stated he wished to be present when his appeal was heard to urge it. It was heard on October 8, 1982 by the High Court in Nakuru (Masime, J.) in his absence and a week later it was dismissed.
He has appealed to this court against conviction and sentence and we heard all he had to say.
At the outset we have to say we have no jurisdiction to entertain his appeal against sentence for it was a legal one. www.kenyalawreports.or.ke His grounds of appeal amount in the end to only one matter of Law, namely, his conviction was against the weight of evidence. The learned judge was satisfied this was not so.
The magistrate recorded the testimony of Mrs Kimani, t…