Kamando Mahinyira v. R. (PC) Crim. App. 31-D-67; 16/5/67; Saidi, J.

Kamando Mahinyira v. R. (PC) Crim. App. 31-D-67; 16/5/67; Saidi, J.

Accused was convicted of cattle theft upon evidence that he was found in possession of a stolen bull four years after the theft had taken place. From the outset, accused claimed that he had received the bull from a third person in exchange for five goats. This third person was jointly charged with accused but was acquitted after telling the court that it was another bull which he had exchanged with accused.

Held; (1) It is doubtful whether the doctrine of recent possession could be invoked after a period of four years. (2) The explanation of possession by accused was not unreasonable; it would not be expected that the  co-accused would admit giving him the stolen bull. Accused need not prove his explanation to

The entire satisfaction of the court. It was the duty of the prosecution to prove the explanation false. The appeal was allowed and the conviction quashed.