<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The appellant was charged before the District Magistrate&#x27;s Court at Kwale with the offence of stealing stock, contrary to section 278 of the Penal Code and was convicted of the said offence on 19th September, 1998. He was sentenced to a term of seven years imprisonment with hard labour and was ordered to receive ten strokes of the cane. He was accused of stealing, jointly with one Masumbuko Chengo Mulingu, 45 goats belonging to Rashid Ndeyo Nyanjo. The appellant&#x27;s first appeal to the superior court was dismissed on 21st September, 1999 and it is against that dismissal that the appellant now appeals.</p><p class="ql-align-justify">The facts leading to the conviction are that the complainant (Nyanjo) found out that his forty five (45) goats went missing from his homestead at Mombasa Ndege, Lunga Lunga in Kenya, on the night of 20th/21st August, 1997. The following morning, that is, 21st August, 1997 he followed the tracks made by his goats. He was informed that five of his goats had been found in …</p>