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KANGETHE v. REPUBLIC

(1990) JELR 100378 (CA)

Court of Appeal  •  Criminal Appeal No 61 of 1989  •  8 Feb 1990  •  Kenya

Coram
Johnson Evan Gicheru, Richard Otieno Kwach, James Onyiego Nyarangi

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

CRIMINAL APPEAL NO 61 OF 1989

Kangethe..........................................................appellant

v.

Republic......................................................respondent

Judgment.

The appellant in this case was charged before the chief magistrate’s court Nairobi, in two counts with stealing by clerk contrary to section 281 of the Penal Code. The particulars of the first count alleged that:

Between 10th May, 1986 and 10th December, 1986, being a cashier with Co-operative Insurance Ltd. stole cahs Kshs.32,262.25 which came to his possession on account of his employer, Co-operative Insurance Ltd.

For the second count, the claimed particulars stated that:

Between 11th August, 1986 and 5th December, being a cashier with Cooperative Insurance Ltd. Stole cash Kshs.82,816.20 which came to his possession on account of his employer Co-operative Insurance Ltd.

There can be no doubt that the appellant who was employed as a cashier recei…

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