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The High Court quashed Lameck Kabote’s conviction after finding that co-accused statements, without more, were insufficient to link him to the offence.
The High Court quashed stock theft convictions after holding that Ifanyoni District was not a specified area under section 3(1) of Cap 422.
The High Court upheld Mwaigiso Magisa’s conviction for possessing suspected stolen cattle, finding he failed to give a lawful account of how he got them.
The prosecution failed to establish the circumstances leading to a reasonable belief that the stock was stolen and did not give the appellant an opportunity to explain his possession; thus, guilt was not established beyond reasonable doubt.
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The prosecution failed to establish the appellant's guilt beyond reasonable doubt as the appellant was not asked to explain possession at the time of arrest, his explanation in court was reasonable, and the evidence did not clearly establish circumstances leading to the belief that the stock was stolen.
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The conviction and sentence cannot be sustained due to the incomplete and unintelligible judgment record, which prevents proper appellate review.
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