William Maziku v. R., Crim. App. 888-M-69; 3/3/70; Kimicha J.

William Maziku v. R., Crim. App. 888-M-69; 3/3/70; Kimicha J.

The appellant was convicted of burglary and stealing. The complainant’s house was broken into on the night of 22^nd/23^rd June, 1967 and property valued at Shs. 628/- stolen. Among the articles stolen were a Hitachi Radio and a grey pair of long trousers. On 29/7/ 69 the appellant’s concubine testified that the appellant was in possession of the radio 3 weeks after the burglary. In his defence the appellant claimed that the radio and the trousers were his lawful property. The lower court rejected his defence and convicted him on the two counts.

            Held: (1) “I am satisfied from the recorded evidence that the trial magistrate was right in finding that the complainant had established his ownership of the radio and trousers beyond reasonable doubt. (2) Though the appellant was arrested 25 moths after the commission of the offence the lower court found that he was actually in possession of he radio 3 weeks after the burglary and applying the doctrine of recent possession in relation to this period and the article stolen he found that the appellant was in fact the burglar. I have no reasons for disagreeing with this finding.” (3) Appeal dismissed.