[2019] KEHC 10861 (KLR)
The court found that the trial magistrate's conclusion that the appellant stole from her employer was supported by the evidence, specifically that the money was used for gambling and not sent to the alleged recipients. The appellant's explanation was found to be false. However, considering that the appellant had...
Source-derived case information.
- Citation
- [2019] KEHC 10861 (KLR)
- Parties
- Appellant: Susan Kerubo Raini; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 97 of 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Conviction upheld; sentence reviewed to a discharge under Section 35(1) of the Penal Code.
- Legal Topics
- Stealing by Servant, Sentencing Review, Criminal Appeal, Evidence Evaluation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Kerubo Raini
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant stole money from her employer as charged under Section 281 of the Penal Code.
- 2 Whether the trial magistrate's conviction was supported by the evidence on record.
- 3 Whether the sentence imposed should be reviewed in light of restitution and the appellant's health.
Ratio Decidendi
The court found that the trial magistrate's conclusion that the appellant stole from her employer was supported by the evidence, specifically that the money was used for gambling and not sent to the alleged recipients. The appellant's explanation was found to be false. However, considering that the appellant had made restitution and had health challenges, the court exercised discretion to review the sentence and grant a discharge under Section 35(1) of the Penal Code, believing the appellant had learned her lesson during her time in custody.
Court Disposition
Conviction upheld; sentence reviewed to a discharge under Section 35(1) of the Penal Code.
Orders
- The appellant is discharged under Section 35(1) of the Penal Code.
- Court bail to be released to appellant upon confirming that complainant's money was handed over by appellant.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL APPEAL 97 OF 2018
SUSAN KERUBO RAINI.....................................APPELLANT
VERSUS
REPUBLIC.........................................................RESPONDENT
JUDGEMENT
Susan Kerubo Raini was charged in Githongo SRM’s court CR. C. No. 298 of 2018 with the offence of stealing by servant contrary to Section 281 of the penal code.
Upon consideration of prosecution witnesses evidence and appellants evidence the Honourable trial Magistrate established that the money appellant claimed she send to one Wairimu Kshs 50,000/= had actually been used for gambling to Betin Kenya on 21. 2.2018.
It was also established she didn’t send any money to Gitune Contractors or James as alleged. It was established she send Kshs. 70,000/= to Betin Kenya on 21. 2.2018 and not to Wairimu.
The appellants claim that she left the money in the drawer when she fell sick and was unable to attend to her duties were therefore blatant lies. This court finds that the trial magistrate conclusion that appellant stole from her employer was based on evidence on record and cannot be faulted. The entire amount the appellant claimed was left in the drawer was established to have been used in gambling. The conviction is upheld.
In consideration however that the state points out the appellant has made good the loss to the complaint and in consideration of the health challenges experienced by the appellant exhibited by the annextures to appellants affidavit, this court will review her sentence to a discharge under S.35 (1) P.C believing that she has learnt her lessons during the periods she has learnt her lessons during the periods she was in custody.
HON. A.ONG’INJO
JUDGE
JUDGMENT DELIVERED, DATED AND SIGNED THIS 24TH DAY OF JANUARY 2019
In the presence of
Ms Kiome Advocate for Appellant
Ms Mwaniki for state
Appellant Present in person
Court
The court bail to be released to appellant upon confirming that complaints money was handed over by appellant.
HON. A.ONG’INJO
JUDGE