NELEAH RWAMBA V. REPUBLIC

JUDGMENT

The appellant Neleah Rwamba appeals against her conviction for theft contrary to section 275 of the Penal Code, which was confirmed on first appeal, and the sentence imposed upon her, as reduced by High Court on first appeal, to 9 months’ imprisonment. She has been on bail pending appeal to this court.

The essence of this appeal is whether the evidence was clear enough to prove a charge within the ambit of section 268(2) (e) of the Penal Code. Section 268 defines theft as including fraudulent conversion to the use of any person other than the general or special owner of the thing or property said to have been converted. Sub-section (2) (e) provides :-

“(e) in the case of money, an intent to use it at the will of the person who takes or converts it, although he may intend afterwards to repay the amount to the owner”

This provision has been considered in several cases, and perhaps the most relevant is Menzour-Ahmed v. R [1957] EA 386. It is plain that the operation of the section d…