JUDGMENT
This is a second appeal. The appellant was convicted in the Resident Magistrate’s court at Nakuru on a charge of dishonestly handling, contrary to section 322 (2) of the Penal Code, a record player and a record said to be worth KShs 660/-, and was sentenced to 7 years imprisonment, to be followed by 5 years police supervision. His appeal to the High Court was summarily dismissed. He now appeals to this Court.
His advocate, Mr S M Otieno, has raised a number of points of law on his behalf. The first is that the appeal to the High Court should not have been summarily dismissed. The grounds of appeal in that Court, where the appellant was not represented, were confined to questions of fact, and we consider that the judge who dismissed the appeal summarily acted within the provisions of section 352 subsections (1) and (2) of the Criminal Procedure Code, as the appeal before him was in effect based on the ground that the conviction was against the weight of evidence. Mr Otieno then …