JUDGMENT OF THE COURT
The appellant Daniel Kariuki Mwaura appeals to this court against summary rejection of the appeal filed against conviction and sentence in respect of the offence of stealing by a servant employed in the Public Service contrary to Section 280 of the Penal Code. He was sentenced to four (4) years imprisonment.
Amongst the grounds of appeal he had presented before the superior court he had stated:
"the learned magistrate failed to evaluate properly the handing over evidence in respect of the facts of harassing and intimidation of the appellant by P. W. 111 and his officers and the non-availability of the Miscellaneous receipt books."
That was his first ground of appeal.
In his ground of appeal before the superior court the appellant stated that the trial magistrate had erred in law and in fact is not holding that the hostility between him (the appellant) and P. W. 111 Nicholas Kipchumba Mberia prevented the appellant from handing over (the moneys) in a proper manner.