JOHN BOSCO NDWIGA, CHARLES MAINA GITONGA & IRENE WAWIRA MUTHONI V. REPUBLIC

JUDGMENT OF THE COURT

1. The three appellants in this appeal raise different issues of law and fact in their separate memorandums of appeal drawn up by counsel, containing in all some 25 grounds. Common to all the grounds, however, are four issues of law, the most fundamental of which was that the appellants were subjected to an unfair trial before the Chief Magistrate’s Court and the High Court as they were not represented by learned counsel. The other three common issues of law relate to the application of the doctrine of recent possession; reliance on circumstantial evidence and re-evaluation of the evidence on record. We shall examine those and other issues shortly.

2. The appellants are represented before us by different learned counsel: the 1^st appellant, John Bosco Njue (Bosco) was represented by Mr. M. Gachumba instructed by M/s Onyoni Opini and Gachumba Advocates; the 2^nd appellant, Charles Maina Gitonga (Maina) by Mr. Charles Kanjama, instructed by M/s Muma and Kanjama Advocat…