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Benard Munungi Njau v. Republic

(1979) JELR 105768 (CA)

Court of Appeal  •  Criminal Appeal 17 of 1977  •  7 Aug 1979  •  Kenya

Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller, Kenneth D Potter



This is a second appeal the first having been dismissed by the High Court. We dismissed the present appeal at the hearing and now give our reasons.

The appellant Benard Munungi Njau, a third-class District Magistrate at Kikuyu at the time material to the alleged offences, was tried and convicted by the Senior Resident Magistrate, Thika, on three counts of stealing by a person employed in the public service, contrary to section 280 of the Penal Code.

He filed a memorandum of appeal on eight grounds, then a supplementary memorandum amending ground 7 of the original memorandum and later an affidavit of averments explanatory of the amended ground 7.

The three counts of the charge against the appellant were stealing two amounts of Shs 400 each and one of Shs 200 on 15th, 18th and 20th February 1975, respectively; and the background to the case is noteworthy.

It would appear that the appellant may have been for some time appropriating sums of money from the revenue which ha…

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