JUDGMENT OF THE COURT
A magistrate at Kapenguria tried and convicted the appellant herein, Henry Simiyu Watitwa, on a charge of shop-breaking and stealing contrary to sections 304 (1) and 279 (b) of the Penal Code. Upon the conviction, the magistrate imposed an omnibus sentence of five years imprisonment without specifying whether that sentence was imposed on each limb of the charge. The normal practice is to impose a sentence on each limb of the charge and order them to run concurrently. Because the superior court (Ombija, J) summarily rejected the appeal under section 352 (2) of the Criminal Procedure Code, he did not deal with that issue.
Mr. Oluoch, learned Senior Deputy Public Prosecution Counsel, also pointed out to us the fact that after police constable Peter Komu (PW2) had given his evidence in chief, the appellant told the magistrate that he (appellant) needed the Occurrence Book for Kapenguria Police Station before he could cross-examine the witness. The magistrate granted an…