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|Case Number:||crim app 213 of 03|
|Parties:||PHILIP KIPKOECH KIRUI vs REPUBLIC|
|Date Delivered:||13 Aug 2003|
|Court:||High Court at Kisii|
|Judge(s):||Isaac Charles Cheskaki Wambilyangah|
|Citation:||PHILIP KIPKOECH KIRUI vs REPUBLIC eKLR|
|History Advocates:||Neither party represented|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
When the appellant was confronted as to how he came into possession of the stolen cattle he readily said that he had bought them from a man who was charged as 1st accused. It was not proved that the appellant knew or had reason to know that the 1st accused had stolen the said animals at the time the cattle were sold to him. That was a vital aspect to the offence of handling stolen property. It means that that vital aspect of the offence was not proved against the appellant and conviction was faulty. So I allow the appeal. I quash conviction and set aside the sentence. The appellant shall be set at liberty forthwith unless otherwise held on another warrant.