[2007] KEHC 3502 (KLR)
The court found that the appellant was found in possession of goods recently stolen from the complainant, and that the goods were positively identified by the owner. The appellant's explanation that he was a visitor was not believed by the police or the court. The doctrine of recent possession was properly applied,...
Source-derived case information.
- Citation
- [2007] KEHC 3502 (KLR)
- Parties
- Appellant: Wilson Ireri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 69 of 2005
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Burglary, Stealing, Recent Possession Doctrine
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Ireri
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for burglary and stealing was supported by the evidence presented.
- 2 Whether the doctrine of recent possession was properly applied to the appellant.
- 3 Whether there was any misdirection by the trial magistrate warranting interference with the conviction or sentence.
Ratio Decidendi
The court found that the appellant was found in possession of goods recently stolen from the complainant, and that the goods were positively identified by the owner. The appellant's explanation that he was a visitor was not believed by the police or the court. The doctrine of recent possession was properly applied, and there was no misdirection by the trial magistrate. The court concluded that the conviction was supported by the evidence and that there was no merit in the grounds of appeal. Accordingly, the appeal was dismissed and the conviction and sentence upheld.
Court Disposition
appeal dismissed
Orders
- The appeal is hereby dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Criminal Appeal 69 of 2005
WILSON IRERI………………………………………………APPELLANT
VERSUS
REPUBLIC…………………………………………..……RESPONDENT
JUDGMENT
The appellant was charged with Burglary and stealing contrary to Section 304(2) and 279(b) respectively of the Penal Code. He was sentenced to 7 years imprisonment on each limb of offence. The prosecution evidence was that the complainant locked her house and went to her place of work for whole night. On returning the following day she found her goods and clothing stolen. She got a tip that her goods were in a certain room. She got police officer and they went to the room. They found goods in that house. In fact the appellant was lying on complainant’s mattress. All goods were identified by complainant. In his unsworn statement appellant placed himself in the scene. He told the police that he was a visitor but they believed him. The state opposes this appeal. The appellant was at the scene and the goods were identified positively by owner. The law in this situation is that the one who is found with goods recently stolen is the thief. In this case the goods were found with the appellant soon after they were discovered stolen from the owner (the appellant admits that the time was sixty five minutes). If the witnesses died before they are able to give evidence nothing can be done.
I have perused the Judgment of the Trial Magistrate but I find no misdirection. I find no merit in the grounds of appeal and I find no reason to interfere. The appeal is hereby dismissed.
Dated this 5th December, 2007.
J. N. KHAMINWA
JUDGE
5/12/2007
Khaminwa – Judge
Njue – Clerk
Mr. Kimathi for State
Appellant – present
Read in open court.
J. N. KHAMINWA
JUDGE