JUDGMENT OF THE COURT
Ayub Chetambe Musambai, the Appellant, was convicted by the Kakamega senior resident magistrate of stealing contrary to section 275 of the Penal Code and sentenced to two years imprisonment on December 4,1982. His appeal against conviction and sentence to the High Court (Gichuru, Ag J) at Kakamega was dismissed on June 15,1983.
Mr Anassi for the appellant asks this court to reverse the judge and so quash the conviction and set aside the sentence. We can only deal with matters of law so far as the conviction is concerned and we cannot interfere with the severity of the sentence, if the conviction is sound, because it was a legal one. Section 361(1) Criminal Procedure Code.
He was charged on December 15,1981 with stealing Kshs. 30,000 in cash from a business associate, Wanjala Munialo on December 10, 1981 in Bunyenye village, Nzoia Location, Kakamega District, Western Province.
The Republic called six witnesses and then the appellant testified and his brother gave evid…