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(1985) JELR 93805 (CA)

Court of Appeal  •  crim app 65 of 85  •  25 Jun 1985  •  Kenya

Daniel Kennedy Sultani Aganyanya, James Onyiego Nyarangi, Harold Grant Platt, Alan Robin Winston Hancox


June 25, 1985, Hancox, and Nyarangi JJA and Platt JA delivered the following


This is a second appeal from the appellants conviction on three counts of theft by a person employed in the public service contrary to section 280 of the Penal Code.

On count 1 the appellant was charged with stealing two tents and poles on or about August 2, 1980 at Wesu Hospital while the appellant served there as the doctor and Medical Officer of Health. The trial court found that the actual theft took place on August 10, 1982 and the change of date was accepted apparently by the first appellate court, because it was at this latter date that the fraudulent conversation was held to have taken place.

On count 17, the appellant was charged with stealing 40 soft boards between August 4, 1982 and December 24, 1982 contrary to section 280 of the Penal Code at Bungoma District Hospital.

On count 19, the appellant was charged with the same type of theft, between September 15, and December 24, 1982 of 15 drums …

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