[2003] KEHC 832 (KLR)
The court found that the prosecution's case was undermined by investigative omissions, specifically the failure to obtain and submit handwriting and signature specimens of the appellant and the relevant bank cashier for forensic examination. This omission created reasonable doubt as to whether the appellant was the...
Source-derived case information.
- Citation
- [2003] KEHC 832 (KLR)
- Parties
- Appellant: Gona Rimba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 410 of 2002
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Legal Topics
- Stealing by Servant, Evidence Evaluation, Forgery of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gona Rimba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for stealing by servant was supported by sufficient evidence.
- 2 Whether the failure to obtain handwriting and signature specimens for forensic examination created reasonable doubt as to the appellant's guilt.
Ratio Decidendi
The court found that the prosecution's case was undermined by investigative omissions, specifically the failure to obtain and submit handwriting and signature specimens of the appellant and the relevant bank cashier for forensic examination. This omission created reasonable doubt as to whether the appellant was the person who forged the bank deposit slips and stole the money. The court agreed with the State Counsel that the conviction was unsafe due to insufficient evidence and quashed the conviction, setting aside the sentence.
Court Disposition
appeal_allowed
Orders
- The appellant's conviction is quashed.
- The sentence is set aside.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLATE SIDE
CRIMINAL APPEAL NO. 410 OF 2002
(Being an appeal from original conviction and sentence in criminal
case 768 of 2002 of the Chief Magistrate’s Court at Mombasa)
GONA RIMBA.................................................APPELLANT
VERSUS
REPUBLIC.................................................RESPONDENT
JUDGEMENT
Gona Rimba, the appellant, was convicted of the offence of Stealing by Servant contrary to Section 281 of the Penal Code and was sentenced to serve a total of three years imprisonment on the 13th September 2002. The case against him was that on 4th March 2002, while he was at Akiba Bank along Digo Road, Mombasa, he stole cash Sh. 22,000/= belonging to his employer one Abdulshakoor M Hashim (pw.1). He is again said to have stolen another Sh.4,000/= on the 8th March 2002 from the same employer, which came into his possession by virtue of his employment as a shop assistant.
Evidence adduced by the prosecution was that the appellant had been employed by PW1 as a messenger and that he would occasionally be sent to Akiba Bank to deposit money into the account of the business. On the 4th March 2002 he was given a total of Sh.22,000/= to go and bank at Akiba Bank. He gave PW1 thereafter banking slips. However when PW1 did the reconciliation of the account, he discovered that no money had been reflected to have been banked in the said account. During investigations the banking slips which the appellant allegedly gave to PW1 were found not to be those in use at Akiba Bank. It was suspected that the appellant pocketed the Sh. 22,000/= and then forged the bank paying slips to reflect an alleged deposit of such money into PW1’s account.
Miss Kwena, learned State Counsel, did not support the appellant’s conviction because of insufficiency of evidence. The police investigators only took the bank stamp in use at Akiba Bank for investigation and examination by the document examiner. They ought also to have taken the specimen handwriting and signatures of the appellant and of Peter Mwangi PW3 the cashier at Akiba Bank Ltd to the document examiner to determine who actually forged the bank deposit slips which the appellant gave to PW2. The omission to do so created a doubt as to the quit of the appellant. I agree with this submission.
Consequently the appellant’s conviction was unsafe and the same is quashed, sentences are hereby set aside. The appellant is to be released from prison custody unless he is otherwise lawfully held. It is so ordered.
Dated and delivered this 30th September 2003.
A.G.A. ETYANG
JUDGE
Delivered this 30th September 2003 in the presence of Miss Mwaniki for
Respondent and Appellant in person. Mr Sango court clerk.
A.G.A. ETYANG
JUDGE
30. 9.2003