JOHN MUGO KAMAU V. REPUBLIC

JUDGMENT OF THE COURT

This is a second and final appeal. The appellant, John Mugo, alias John Njoroge Kamau, was charged before the Senior Resident Magistrate’s Court at Taveta with two offences of preparation to commit a felony contrary to section 308(1) of the Penal Code, being the first and third counts in the charge sheet before the court, and with one count of having suspected stolen property contrary to section 323 of the Penal Code. That was the second count in the charge sheet. He pleaded not guilty to all the counts and the trial proceeded. At the completion of the hearing, the learned Senior Resident Magistrate (K. Muneeni), in a lengthy and well considered judgment found the appellant guilty of all the offences as charged, convicted him under section 215 of the Criminal Procedure Code and sentenced him to serve ten (10) years in jail on the first and third counts and to pay a fine of Ksh.5,000/= on the second count, in default of which he was to serve a sentence of six month…