<p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">This appeal is from a judgement of the High Court, Kisumu, (Omolo J) dismissing an appeal from the decision of the Principal Magistrate whereby he convicted the appellant and another of the charges preferred against them. The issue of law of this second appeal is whether there was evidence to prove the several charges.</p><p class="ql-align-justify">Mr Muhia for the appellant takes the point that the learned Judge erred in law in relying on a statement made to a Police Officer as to the destination of the wheat when such a statement, even if it was made, had not been made in compliance with the law.</p><p class="ql-align-justify">The facts found by the trial Court were, <em>inter alia</em>, that when the appellant was arrested, he gave various inconsistent statements to a Police Officer as to where he had delivered the material wheat. In the same vein, the Judge held that the appellant must have made a statement to Police Officers as a result of which the house of ‘Mama Scrap’ was searched. Upon those concurrent findings of the lower courts, Mr Muh…</p>