IN THE COURT OF APPEAL
AT KISUMU
(Coram: Masime, Gicheru and Kwach, JJA)
CRIMINAL APPEAL 126 OF 1989
Between
PIUS MAINGI KINOI................................................ APPELLANT
AND
REPUBLIC...............................................................RESPONDENT
JUDGMENT
December 7, 1989, Masime, Gicheru and Kwach, JJA, delivered the following judgment.
Pius Maingi Kinoi, the appellant in this appeal (hereinafter called “the appellant”) was convicted by the District Magistrate, Webuye, of burglary and stealing and being in possession of a small quantity of bang (cannabis sativa). He was given a prison term of 6 months together with one stroke of the cane for burglary, and 3 months for stealing, which were ordered to run consecutively. On the charge of possession of bhang, he was fined Kshs 600 or 3 months’ imprisonment in default to run consecutively with the terms imposed for burglary and stealing. His appeal to the High Court against both conviction and sentence was dismissed as the j…