JOHN MGINDI v REPUBLIC 1992 TLR 377

Facts
The appellant was acquitted by the trial court of the offence of theft, On appeal to the High Court by the D.P.P. the decision of the trial court was reversed and the appellant I was convicted and sentenced accordingly. The appellant had one set of keys to the stolen items. On appeal to the Court of Appeal it was considered whether the evidence as a whole left no vestige of doubt as to the appellant's complicity. 
Held: (i) It was essential for the Court to consider the fact that the appellant did not B have exclusive access to the stolen items which is almost always a material and critical factor in this type of cases; 
 (ii) while we agree that the grave suspicions that the appellant was the culprit or a party to the crime were not altogether unfounded, we consider that the evidence as a whole left a vestige of doubt as to his complicity

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