[2003] KEHC 441 (KLR)
The court found that the evidence from the complainant and other prosecution witnesses established beyond reasonable doubt that the appellant, as an employee, was entrusted with Kshs.35,000 to bank but instead absconded with the money. The appellant's defence was inconsistent and properly rejected. The conviction...
Source-derived case information.
- Citation
- [2003] KEHC 441 (KLR)
- Parties
- Appellant: Simon Kinyua Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 170 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stealing by Servant, Criminal Appeals, Sentencing, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kinyua Mwangi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant stole Kshs.35,000 from his employer contrary to Section 281 of the Penal Code.
- 2 Whether the conviction was supported by sufficient evidence.
- 3 Whether the sentence of eighteen months imprisonment was excessive.
Ratio Decidendi
The court found that the evidence from the complainant and other prosecution witnesses established beyond reasonable doubt that the appellant, as an employee, was entrusted with Kshs.35,000 to bank but instead absconded with the money. The appellant's defence was inconsistent and properly rejected. The conviction was therefore sound, and the sentence of eighteen months imprisonment was not excessive given the circumstances.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL 170 OF 2001
(From original conviction and sentence in Criminal Case No.970/200 of the Senior Resident Magistrate’s Court at NAROK –W.O. LICHUMA(S.R.M.)
SIMON KINYUA MWANGI.........................APPELLANTVERSUSREPUBLIC.................................................RESPONDENTJUDGMENT
I have read the proceedings from the trial magistrate’s court in light of the submissions before me during the hearing of this appeal.
I find that there was sufficient evidence that PW.1 James Ndirangu Nderitu gave the Appellant, then PW.1’s employee, Kshs.35,000/- to go and bank. The Appellant did not bank the money. Instead he disappeared with the money thereby absconding from his employment at the shop of P.W.1 until the Appellant was arrested by the police to whom P.W. 1 had reported the matter. The Appellant was subsequently charged with the offence of stealing by servant contrary to Section 281 of the Penal Code.
His inconsistent defence was properly rejected in the light of the evidence adduced by P.W.1, P.W.2 and P.W.3 which showed that the Appellant had even disappeared before the theft was discovered.
He was properly convicted and as the sentence of eighteen months imprisonment was not excessive, this appeal is hereby dismissed in its entirety.
Dated this 1st day of August, 2003.
J. M. KHAMONIJUDGE