JAVAN JOSSERA ONSERE V. REPUBLIC

JUDGMENT OF THE COURT

The appellant pleaded guilty to a charge of stealing Shs 72,458/15 by a servant which came into his possession as cashier on account of his employer, Kenya Commercial Bank Ltd, contrary to section 281 of the Penal Code. He was sentenced by a Senior Resident Magistrate to a fine of Shs 20,000, or six months in default, with an order also to refund Shs 72,458/15 to the bank. The High Court exercising its revisionary powers under section 364(1) of the Criminal Procedure Code set aside the sentence and order made by the lower court and substituted therefore a sentence of two and a half years’ imprisonment. The appellant has appealed to this Court against the sentence.

Under section 364(1), in the case of any proceeding in a subordinate court the record of which has been called for or which has been reported for orders, the High Court may:

(a) in the case of a conviction, exercise any of the powers conferred on it as a Court of Appeal by sections 354, 357 and 358 of the …