3 men sentenced to expiry for stealing pineapples

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Three men were handed give-up the ghost judgement for stealing thirty pineapples from a farm.

Julius Mugambi, Edward Mburu together with Francis Maina lost their illustration later on the Court of Appeal inward Republic of Kenya constitute they were positively identified equally business office of a gang of vii intruders. 

They are forthwith on give-up the ghost row fifty-fifty though they never got away alongside the fruits worth Sh1,500. 

They were forced to abandon the loot when they were chased yesteryear a guard domestic dog at a Thika-based Delmonte farm. 

Evidence yesteryear the domestic dog handler was crucial inward securing the conviction, judges said.

No i was wound inward the robbery except a dog, which bore a deep cutting from a machete. The 3 were charged alongside threatening safety guards using machetes earlier stealing the pineapples.

They were also charged alongside unlawfully injuring an animal. They were offset arraigned inward the magistrate’s courtroom inward Thika on Nov 1, 2008, where they were tried together with sentenced to death. 

They filed an appeal at the High Court, disceptation at that topographic point was a fault inward the identification of intruders at the farm on the day. In opposition, the State submitted that the domestic dog was able to sniff or feel that they were the intruders on the farm that solar daytime equally the animate beingness was trained.

The courtroom heard at that topographic point were no other farms together with no members of the populace nearby, important at that topographic point was no ask for an identification parade equally at that topographic point was no doubtfulness over the identity together with interest of the persons involved inward the offence. David Kamau, a domestic dog handler, testified that he released the trained animate beingness when the intruders defied his orders to stop. 

The domestic dog led him to where they were hiding inward the bushes, inside the farm, together with brought the 3 out, i yesteryear one. He also confirmed that each had a domestic dog bite. 

Mr Kamau testified that Mr Mugambi had a sword piece Mr Mburu carried a machete. Kamau said he noticed the domestic dog had a deep cut. He flashed a low-cal on the sword together with saw blood on it. 

The domestic dog handler’s testimony debunked the theory that the incorrect persons were arrested on the farm. Kamau told the courtroom what happened from the fourth dimension of prepare on to harvesting, flight, picking upwards of the olfactory belongings yesteryear the guard domestic dog together with the men's eventual arrest.

Court of Appeal judges Roselyne Nambuye, Patrick Kiage together with Kathurima M’inoti said the illustration was moved yesteryear "evidence of the dog”.

They said might of a tracker domestic dog to sniff out an intruder together with its preparation on arrest could hold upwards used inward court. They ruled that although the evidence given on behalf of the animate beingness yesteryear its handler should hold upwards taken alongside a pinch of salt, it could hold upwards admitted equally consider evidence. 

“The evidence of tracker dogs may hold upwards admissible inward sure enough circumstances. Influenza A virus subtype H5N1 domestic dog handler is competent to bear witness equally to the tracking might together with reliability of the dog,” the judges ruled. 

“The domestic dog handler testified that his domestic dog was trained inward a vogue that when it sensed the presence of intruders, it commonly stood on the pineapples... For that reason, it tin hold upwards safely concluded... that the olfactory belongings led to the bush where the appellants entered.”

Standardmedia

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