JUDGMENT OF THE COURT
The appellant herein, EVEREST OCHIENG WERE, was arraigned before the Chief Magistrate’s Court at Kisumu in Criminal Case No. 55 of 2009, on 9th November, 2009 charged on two counts of burglary and stealing contrary to sections 304(2) and 279(b) of the Penal Code. The particulars of the offence in the first count were as follows:- “EVEREST OCHIENG WERE: On unknown date between the nights of 8th September, 2009 and 2nd October, 2009 at Kisumu Industrial training centre staff quarters in Kisumu city within Nyanza province, jointly with others not before court broke and entered the dwelling house of JOHN MARITIM with intent to steal therein and did steal therein one Television set make Sony, Sony DVD player, LG music system techno sat Digital receiver and a DSTV smart card all valued at K.shs.50,000/= the property of the said JOHN MARITIM.And the particulars of the offence in respect of the second count were as follows:-
“EVEREST OCHIENG WERE: On the 18th day of Octobe…