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IN THE COURT OF APPEAL
AT KISUMU
(Coram: Masime, Gicheru and Kwach JJ A)
CRIMINAL APPEAL NO 120 OF 1991
Between
MARY WESONGA .............................APPELLANT
ANDE
REPUBLIC.......................................RESPONDENT
(Appeal from a Judgement of the High Court of Kenya at Kakamega (Osiemo J) dated 24/10/90
in
HCCR Appeal No 149 of 1990)
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JUDGMENT
On 29th January, 1990 the Resident Magistrate’s Court at Busia convicted Mary Wesonga, the appellant, on two counts of stealing by a person employed in the public service contrary to section 280 of the Penal Code. She was on the same date discharged under section 35(1) of the Penal Code on condition that she commits no offence for a period of 12 months from the date of sentence. The trial magistrate’s notes on sentence do not, however, indicate to which count this conditional discharge was related. Her appeal against conviction and sentence to the High Court at Kakamega was on 24th October, 1990 dismissed. She now appeals t…