Stolen electronic items at Chuka Police Station in Tharaka-Nithi County on April 1, 2022.

📋 Breaking It Down

Can a technician be held criminally liable simply because he cannot produce purchase receipts for every electronic item entrusted to him for repair?

The High Court has ruled that a technician’s failure to provide proof of purchase for items in their possession does not, in itself, constitute criminal liability.

According to the court, technicians routinely hold numerous electronic items belonging to different customers and cannot reasonably be expected to demand original purchase receipts before accepting them for repair.

📌 What You Need to Know

“A technician cannot be legally forced to demand original purchase receipts from every customer who brings an item for repair,” the High Court in Busia said.

Turbo Sub-County Police Commander Edward Masibo (right) and other officers display recovered electronic goods at Huruma Police Station in Eldoret town on January 6, 2022.

The court made the remarks while setting free technician Samuel Walubengo, who had been serving a 15-year cumulative sentence after being convicted over the alleged theft and possession of electronic items.

The High Court found serious flaws in the prosecution case, including inconsistencies in the timeline, failure to produce key exhibits and shortcomings in proof of ownership.

The court declared the criminal conviction against him unsafe and unsustainable, finding that it was not founded upon proof beyond reasonable doubt.

“The convictions against Walubengo, on all counts, are quashed, and the cumulative sentence of 15 years’ imprisonment is set aside due to total insufficiency of evidence,” the court said in a ruling dated September 21.

📰 Source: Nation Africa