Republic v Gambore (Criminal Case 345 of 2020) [2021] KEMC 18 (KLR) (11 March 2021) (Judgment) Neutral citation: [2021] KEMC 18 (KLR) REPUBLIC OF KENYA IN THE HOLA LAW COURTS CRIMINAL CASE 345 OF 2020 PA NDEGE, PM MARCH 11, 2021 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND SAID GUYO GAMBORE ............................................................................. ACCUSED JUDGMENT 1. The accused person herein, Said Guyo Gambore, has been charge with the ofiences of House Breaking contrary to section 304(1)(a) and Stealing contrary to section 279(b); all of the Penal Code. He denied that on 06.11.2020 at Hola Mission Village in Tana River Sub-County within Tana River County, he broke and entered the building used as a dwelling house by Peris Maya Babusa and stole a mosquito net, a hand bag and s5 pairs of lessos, all valued at Kshs. 10,000/=, the property of Peris Maya Babusa. 2. The evidence adduced herein is that on 06.11.2020, at about noon, the complainant herein, PW1, Peris Babusa, had taken her sick child to Hola County Referral Hospital for treatment. She went back home at Hola Mission and found all her items therein, including lessos, mosquito net and a grey handbag while intact. She then went to work. 3. Meanwhile at around 3.00pm, the complainant’s brother, PW2, HENRY JILLO, was heading back home after work. He passes by the complainant’s place while heading to and from work. On that day, he saw the accused person herein, a neighbor, while closing the complainant’s house and while possessing a grey handbag and a mosquito net. He did not suspect anything unusual as he thought that the accused person could have been on a lawful mission there. 4. In the evening, at around 3.00pm, the complainant went back home and found when her boxes and bed had been interfered with. She called her brother PW2, who confirmed to her that he had seen the accused person while at the door with the items. They then started to trace the accused person. https://new.kenyalaw.org/akn/ke/judgment/kemc/2021/18/eng@2021-03-11 1
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5. PW3. No. 251081 PC Kevin Musaba, of Hola Police Station, received information on the same day at 7.00pm, that the accused person herein had been arrested at Hola Mission for the ofience of housebreaking. He immediately took a motor cycle and proceeded to the village. On reaching there, he realized that they had shifted to another village, Kalaule. He again detoured there and found the accused person herein having already been arrested by a colleague of his, Hamisi Deye. That the accused person then admitted or confessed to him that he is the one who had committed the ofience. That he had gone to Kalaule village where he stole some 5 lessos from a woman. That he used a log to hit the padlock till it got opened. That he then entered and picked some items from the woman’s house including 5 lessos, a net and a handbag. The accused then took them round town to some houses where he alleged the stolen items were. The were however unable to recover any of the items. 6. The only evidence to connect the accused person with the ofience herein is that in PW2. He saw the accused at the complainant’s door while with some of the items listed in the charge herein, as having been stolen from the complainant’s house. There was housebreaking, since he was seen closing the door to the house. The complainant had not authorized him to open or close the door, and because of the items that he had in his hand at the time, he must have entered the house unlawfully to take those items away. Any unlawful entry into a building amounts to housebreaking, the credibility, relevancy or otherwise, of his purported confession or admission to the investigating oficer herein notwithstanding. 7. I thus find that the prosecution has been able to prove to the required standard that the accused person herein broke into the complainant’s house and stole the items indicated therein. I do hereby find him guilty and convict him pursuant to the provisions of section 215 CPC od the ofiences of Housebreaking v/s 304(1)(a) and Stealing c/s 279(b), both f the Penal Code, as charged herein. DATED, SIGNED AND DELIVERED AT HOLA, IN OPEN COURT THIS 11th DAY OFMarch 2021 ALOYCE-PETER-NDEGE PRINCIPAL MAGISTRATE In the presence of Court interpreter: Osman Prosecution counsel: Atika Accused person: Present Victim: Absent https://new.kenyalaw.org/akn/ke/judgment/kemc/2021/18/eng@2021-03-11 2
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