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Court of AppealDismissedCriminal Appeal No 18 of 1983· [1983] KECA 17 (KLR)

Kimutai Arap Ngetich v Republic [1983] KECA 17 (KLR)

Court of Appeal
21 March 1983
CMC B MadanKPK D PotterZCZ R Chesoni
356 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed that being found with recently stolen cattle shortly after a theft, plus fleeing, justified a conviction for stealing stock.

What this practically means

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Executive summary

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This was a second appeal to the Court of Appeal at Nakuru against conviction for stealing stock contrary to section 278 of the Penal Code (cap 63), the first appeal to the High Court (Masime J) having been summarily rejected under section 352(2) of the Criminal Procedure Code (cap 75). Thirteen head of cattle belonging to Simion Kiptigich Chebutuk were stolen from Chamaner Farm on the night of February 9/10, 1981. Two days later the appellant brought ten head of cattle to his farm at Chebungei, slaughtered one and sold the meat to neighbours. Acting on a report, police attended the appellant's farm on February 13, 1981 with the owner, recovering nine head of cattle and a buried skin, all identified as stolen stock. The appellant had disappeared from his farm and was only arrested on June 22, 1981. He made an unsworn statement in his defence which the trial magistrate rejected as totally unworthy of belief. The Court of Appeal held that had the appellant been present at the farm during the recovery, he would have been caught red-handed in possession of the stolen cattle. Finding no merit in the appeal, the court dismissed it. The judgment of the court is short, delivered by a bench of Madan and Potter JJA and Chesoni Ag JA, and makes no costs order.

Key legal issues

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01

Whether the appellant's possession of recently stolen cattle, slaughtered and sold shortly after the theft, supported the conviction for stealing stock

Holding

Yes. The recovery of nine stolen cattle and a skin on the appellant's farm shortly after the theft, together with the appellant's disappearance, sustained the conviction on second appeal.

Reasoning

The court noted that 13 head of cattle were stolen on the night of February 9/10, 1981, and on February 11, 1981 the appellant brought ten head of cattle to his farm, slaughtered one and sold the meat to neighbours. Police recovered nine head of cattle and a buried skin on February 13, identified by the owner. The appellant had disappeared from his farm and was only arrested on June 22, 1981. His unsworn defence statement was rejected as unworthy of belief, and the appeal was found to have no merit.

p. 1

Legal principles established

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  • On a second appeal, the Court of Appeal will not interfere where the conviction is supported by the evidence, including possession of recently stolen stock and the rejection of the accused's unsworn statement as unworthy of belief

Court orders

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  1. 1.The appeal is dismissed
On appeal from
High Court of Kenya at Nakuru
Criminal Appeal No 435 of 1981
Jurisdiction invoked
Second appeal to the Court of Appeal under the Criminal Procedure Code (cap 75), the first appeal having been summarily rejected under section 352(2)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kimutai Arap Ngetich v Republic [1983] KECA 17 (KLR)", Case Analysis (1983). Criminal Appeal No 18 of 1983. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1983/17/eng@1983-03-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.