BAKARI HAMISI AND ANOTHER VERSUS THE REPUBLIC [1987] KLR
The Appellants in this matter were charged with burglary and theft but were charged with the offense of handling stolen property contrary to section 322 (2) of the Penal Code (Cap 63). The charge on that count stated that they had otherwise than in the course of stealing dishonestly received certain property knowingly or having reason to believe it to have been stolen or unlawfully obtained. In convicting the appellants the trial magistrate observed that the appellants had dishonestly undertaken or assisted in the retention of the stolen items despite the knowledge that they had been dishonestly obtained. The Appellants appealed to the high court which appeal was unsuccessful hence the appeal to the Court of Appeal. The Court of Appeal held that; · In a charge of handling stolen goods under the Penal Code, the prosecution after having proved that the goods are stolen, it is necessary to prove that the accused handled them eith...