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JUDGMENT
September 18, 1987, Nyarangi, Gachuhi and Apaloo JJA delivered the following Judgment.
The appellant was charged with the offence of kiosk breaking and theft contrary to section 306(a) of the Penal Code. He was also charged with an alternate charge of handling stolen property contrary to section 322(1) of the Penal Code. His appeal to the High Court both on conviction and sentence was summarily rejected. He now appeals to this court on six grounds. He complains against the trial magistrate’s judgment that there was no eye witness to state that he stole the goods.
There is evidence on record that he was arrested with stolen items. Other stolen goods were found in his house and photographed. The other people charged with him were acquitted although the third accused had described the goods as belonging to his brother. There is also evidence on record that when the youth winger found him, he ran away from there and dropped some goods. He also led the youth wingers to a house where …