JUDGMENT
The appellant John Waweru Njoka was tried, convicted and sentenced to prison terms of five years and four strokes by the District Magistrate I Wanguru on 8th December 1998 on a charge of burglary and stealing contrary to section 304 (2) and 279 (b) of the Penal Code cap 63 Laws of Kenya.
The particulars of the charge averred as follows: -
John Waweru Njoka:-
“On the night of 14th day of May, 1997 at Riagicheru Village in Kirinyaga district within Central province, broke and entered the dwelling house of Ephantus Murage with intent to steal therein and did steal from therein, two blankets, one bed sheet, one sweater and one pair of long trousers, all valued at Kshs 1,250/= the property of John Murage.”
First, we observe, that the name of the owner of the house into which the appellant allegedly broke and stole, according to the particulars of the charge, is given as Ephantus Murage whereas, the name of the owner of the property stolen from the same house, is given as John Murage. T…