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|Case Number:||Criminal Appeal 312 of 1986|
|Parties:||Mulwa v Republic|
|Date Delivered:||07 Dec 1987|
|Court:||High Court at Machakos|
|Judge(s):||Edward Nii Adjar Torgbor|
|Citation:||Mulwa v Republic eKLR|
|Case Outcome:||Appeal allowed.|
|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|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
CRIMINAL APPEAL NO 312 OF 1986
The appellant was convicted for stealing handsaw and hammer and sentenced to 12 months imprisonment. State counsel does not support the conviction and I agree with him as it is not clear from the evidence that the appellant was the only person left behind to look after the said tools. Moreover the construction site from where the tools were stolen was not fenced and seemed accessible to the public.
The conviction is not safe and it is quashed as is the sentence. The appellant is to be released from prison forthwith unless otherwise lawfully held.
December 7, 1987