JUDGMENT
Potter JA The appellant was jointly charged with six other accused persons with the offence of preparation to commit a felony, contrary to Section 308(1) of the Penal Code (Cap 63). The particulars of the offence given on the charge sheet were that on September 9, 1980, at Ruaka Trading Centre in Kiambu District of the Central Province, the seven accused were jointly found armed with dangerous weapons, namely two simis, one axe, one iron bar and a rope in circumstances which indicated that they were so armed with intent to commit a felony.
The seven accused persons, including the appellant, were convicted by the Senior Resident Magistrate sitting at Kiambu, and sentenced to the minimum term of ten years imprisonment and to corporal punishment, all seven appealed to the High Court and their appeals were dismissed.
The appellant Stephen now brings a second appeal to this court against conviction.
The prosecution case was that on September 9, 1980, shortly after 10.30 pm, Sergeant M…