JUDGMENT
MADAN JA
The appellant was convicted and sentenced by the Senior Resident Magistrate, Kisumu for the offence of shopbreaking and stealing contrary to Section 306(a) of the Penal Code and his appeal therefrom was dismissed by the High Court at Kisumu (per Cotran J). The offence was alleged to have been committed sometime between noon and 6 pm on April 25, 1976 (a Sunday) after the owner had locked up the shop and left the premises. The Police were summoned to the scene the same day and found that glass vents above the wall of the shop had been broken and that entry into the shop was possibly thereby obtained and the goods in the shop ransacked. After ordering non-interference with the contents of the shop, the police continued their investigations the following day and uplifted seven fingerprints from a cabinet of drawers. It was satisfactorily shown by expert evidence at the trial that a left thumbprint collected amongst the seven sets of fingerprints corresponded with the lef…