<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">Section 361 (3) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is in the following terms:</p><p class="ql-align-justify">&quot;361. (3) if it appears to the Court of Appeal that a party to an appeal, though not properly convicted on some count, has been properly convicted on some other count, the court may, in respect of the count on which it considers that the appellant has been properly convicted, either affirm the sentence passed by the subordinate court or by the first appellate court or pass such other sentence (whether more or less severe) in substitution therefor as it thinks proper.&quot;</p><p class="ql-align-justify">It would seem therefore that an offender must be sentenced only for these offences of which he has been convicted. This is illustrated by the case of Mfundo v. Republic, [1975] E. A. 63 where the appellant therein had been charged before the Resident Magistrate&#x27;s court at Kilosa, Tanzania with forgery; uttering a false document; and stealing by a public servant. After examining the full evidence b…</p>