PAUL MWANGI MAINA V. REPUBLIC

JUDGMENT OF THE COURT

The appeal before us arises in this manner. Between the 12th August 1999 and the 16th November, 1999, Paul Mwangi Maina, the appellant herein was tried by a Senior Resident Magistrate, (Mrs. Muketi) on a charge of malicious damage to property contrary to section 339(1) of the Penal Code . The particulars of the charge were that on the 31st August, 1998 at Piave Farm, Njoro, "jointly with others already before the court wilfully and unlawfully damaged the fencing wire and posts by pulling them down and burning to ashes valued at Shs.500,000/= the property of PETER MUCHIRI MWANGI."

Three witnesses told the trial magistrate that they saw the appellant, among other persons, destroy the fence. Those witnesses were Peter Muchiri Mwangi (P.W.1) his sister Josephine Mugambi (P.W.2.) and some other member of the family Phillis Wangare (P.W.3.) . The destruction of the fence was on the 31st August, 1998 and the appellant was said to be a neighbour of the complainant. The app…