JUDGMENT
The first appellant Dusara was convicted by a resident Magistrate at Mombasa of the offence of acquisition of uncustomed goods, contrary to Section 185(d)(iii) of the Customs and Excise Act, (hereinafter referred to as “the Act”), and the second appellant Khimji was convicted at the same trial on one count of the offence of possession of uncustomed goods, contrary to Section 185(d)(iii) of the Act, and on another count of the offence of corruption contrary to Section 3(2) of the Prevention of Corruption Act (Cap 65). They both appealed to the High Court but their appeals were dismissed. The facts of the case appear to be that one Mr Sharman owned a residential house on a two acre plot on Mtwapa Creek. Towards the end of June, 1979, he was approached by both appellants. Khimji told him that Dusara wanted to rent the house for one year. The house was purely residential, with access to the creek for fishing. Mr Sharman said he would not let it for less than two years. Some time l…