JUDGMENT
Patrick Siana (the appellant) was convicted by the Resident Magistrate, Kwale, on his own plea of guilty of the alternative charge of conveying property suspected to have been stolen contrary to section 323 of the Penal Code and sentenced to 12 months imprisonment. His appeal to the superior court against both conviction and sentence was dismissed by Wambilyanga, J on 9th June, 1993, and he now appeals to this Court.
At dawn, on the material day, the police acting on information received, tried to stop a vehicle in which the appellant and another person were travelling at Vinuni in Kwale. The driver refused to stop and the police gave chase. At Matuga, the vehicle stopped and the occupants jumped out and started running. In the process they dropped the luggage which they were carrying which on inspection were found to be a television set and a radio which had already been reported stolen (underlining ours).
When the prosecutor had outlined the facts, the appellant admitted that …