JUDGMENT OF THE COURT
The appellant herein, Dismas Odhiambo Onjolo, was jointly charged with one other person, Henry Onyango Monyancha, on two counts of stealing postal matter contrary to section 277 of the Penal Code (Cap 63 Laws of Kenya). The particulars of the first count were that on the diverse dates between 2nd September, 2002 and 10th September, 2002 at Mails Office Docks in Mombasa District of the Coast Province, the two, jointly with others not before court stole three (3) International Transit parcel bags containing assorted items. The particulars of the second count were that in the diverse dates between 22nd and 25th November, 2002 at Mails Office Docks in Mombasa District of the Coast Province the two jointly with others not before court tempered with six International Transit parcel bags and stole therein various items as listed in the charge sheet.
The appellant’s co-accused was separately charged with handling stolen goods contrary to section 322(2) of the Penal Code an…