IN THE COURT OF APPEAL
AT NAKURU
( Coram: Madan, Kneller JJA and Chesoni Ag JA )
CRIMINAL APPEAL NO. 82 OF 1983
BETWEEN
EDDIE ODONGO...................................................................................APPELLANT
AND
REPUBLIC.........................................................................................RESPONDENT
JUDGMENT
The appellant, Eddie Odongo, was convicted of house breaking and stealing contrary to sections 304(1) and 279(b) of the Penal Code (cap 63). He was also convicted, in the alternative, of handling stolen goods by way of dishonestly retaining them contrary to section 322(1). He was sentenced to four years’ imprisonment for house breaking, four years with five strokes of the cane for stealing and the minimum statutory seven years’ imprisonment for handling. His first appeal against conviction and sentence was dismissed by Mbaya J and he has now appealed to this court.
The prosecution case accepted by the two lower courts was that the house of Sister Wafula, …