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Harry Amwayi Etemesi v. Republic

(1997) JELR 97821 (CA)

Court of Appeal  •  Criminal Appeal 48 of 1994  •  13 Mar 1997  •  Kenya

Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Richard Otieno Kwach



The appellant, a cashier with the Kenya Breweries Ltd. At Kisumu, was convicted, after a trial before a magistrate's court, of ten of the charged twelve counts of theft by servant contrary to section 281 of the Penal Code and was, thereafter, sentenced to concurrent terms of 9 months imprisonment. His first appeal to the superior court was dismissed and this is his second appeal.

The prosecution case as presented before the trial court and as rehashed by the superior court, was that the appellant received, in the course of his employment as a cashier, varying and clearly ascertainable sums of money each day between 1st July and 15th July, 1992, but which he could neither produce when it was required nor account for.

The appellant while admitting that he had received the money which was complained about, and that on the day a surprise audit of the money was done he could not account for the money, contended, on the main, that he was denied the opportunity of reconcil…

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