STEPHEN KYALO V. REPUBLIC

JUDGEMENT OF THE COURT

The appellant was charged in the Chief Magistrate's court at Nairobi of stealing a motor vehicle contrary to section 279(A) of the Penal Code, the particulars of the offence being that on the 2^nd day of June, 1991 at Langata Police Station yard in Langata within Nairobi stole m/v Registration No. GK S966 make Peugeot 504 station wagon valued at Shs. 600,000/-, the property of Ministry of Health. In a trial before the Senior Principal Magistrate, he was found guilty and convicted of the said charge and sentenced to three years' imprisonment together with four strokes of the cane. From that conviction and sentence he appealed to the superior court which dismissed his appeal. He now comes to this court by way of second appeal.

On 16^th may, 1991 a m/v Registration No. GK S966 make Peugeot 504 station wagon belonging to the Ministry of Health was involved in an accident along Nairobi/Mombasa Road while being driven by one James Mbau Nganga. It was towed to Langata Poli…