MAINA MBUTHIA V. REPUBLIC

JUDGMENT OF THE COURT

MAINA MBUTHIA, the appellant, was charged before the Senior Resident Magistrate, at Mukurweini with stealing stock contrary to section 278 of the Penal Code. He was found guilty as charged and sentenced to ten (10) years imprisonment. The appellant being aggrieved by the decision of that court, preferred an appeal to the superior court against both conviction and sentence. On 28^th October 2008, Kasango, J after hearing the appeal, dismissed it but substituted the conviction for stealing stock with that of attempted stealing of stock contrary to section 278 as read with section 389 of the Penal Code and sentenced the appellant to five (5) years imprisonment. This is therefore a second appeal. During the wee hours of 26^th January 2007 at about 4.30a.m. Elizabeth Wagithi (PW2) heard footsteps outside her homestead. She flashed her torch towards the cow shed and saw three people running away. Her only cow was missing. She raised an alarm and her son Benson Kagandi (PW…