RANJI MWAURA SMITH V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal.

The appellant with the unusual name of Ranji Mwaura Smith was convicted of robbery contrary to section 296(1) of the Penal Code, and sentenced to seven years’ imprisonment, three strokes of corporal punishment and an order for police supervision.

The courts below held that the appellant, having been found in recent possession of the pistol on June 5, 1985, which had been stolen from the complainant’s house on May 19, 1985, was also guilty of two further charges.

On count 2 he was found guilty of illegally possessing a firearm contrary to section 4(2)(a) of the Firearms Act (cap 114). On count 3 he was further convicted of being in unlawful possession of ammunition in contravention of the same provision of the Firearms Act. He was sentenced to three years’ concurrent imprisonment on each of those counts, as well as with count 1.

The High Court reasoned that if the appellant had stolen the pistol on the first count assuming that he was found in …