The two Appellants were convicted of the offence of armed robbery involving stealing of a motor boat engine at about 21:00 hours at Hito Islands in Lake Victoria. An alternative charge of receiving stolen property contrary to section 311 (1) of Cap 16 was also preferred against the second Appellant. Although the charge sheet specified that the engine boat was stolen by use of threat, it did not specify to whom the violence was directed. Relying on the evidence of the cautioned statements of the two Appellants and the evidence of the boat engine which was recovered, the trial court was satisfied that the charge against the Appellants was proved to the standard required. They were sentenced to 30 years’ imprisonment. The basis of their conviction was the doctrine of recent possession and the cautioned statements they made. Their appeal to the High court was dismissed hence this second appeal to this Court.

