RULING OF THE COURT
:A long time ago Beliward Azere, the applicant herein, was the assistant chief of Madzu Sub-location of the then South Maragoli Location, Kakamega District. On 2nd October, 1987, the applicant appeared before the District Magistrate’s Court at Hamisi and he was charged with the offence of stealing by a person employed in the public service contrary to section 280 of the Penal Code, the particulars of the charge being that on diverse dates between the months of January and November, 1984 at Madzu Sub-location, South Maragoli Location, Kakamega District of Western Province, the applicant, being a person employed in the public service stole K. Shs 18,200/= which came into his possession by virtue of his employment. He was tried on that charge, found guilty thereon, convicted and sentenced to eighteen months imprisonment. This was on or about 24th July, 1989. He appealed to the High Court in Criminal Appeal No. 370 of 1989, but by an order dated and made at Kakamega on …