PETER KAROBIA NDEGWA V. REPUBLIC

JUDGMENT

The appellant was convicted of stealing from the person Kshs 2,200 and a Seiko wrist watch, the property of Joseph Maina, contrary to section 279(a) of the Penal Code (cap 63). His appeal to the High Court (Masime J) having been summarily rejected, he has appealed again.

Before the appellant’s trial, which had progressed about half way could be completed, the trial magistrate was transferred to another station. His successor took over. He recorded in his judgment that he had complied with the provision of section 200 of the Criminal Procedure Code (cap 75).

The prosecution case against the appellant was that at about 5.30 am on December 11, 1983 he gave a Seiko wrist watch to a waitress named Mary Jane Akinyi Otieno at the Mirangi Day and Night club within the Nakuru District (are there no liquor licensing hours) to keep it for him saying that the was very drunk and the watch could be stolen from him.

The complainant, Joseph Maina testified that on December 10th/11th he had Kshs …