<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">1. The appellant, <em>Ong’are Moguche</em>, was arraigned and charged before the Chief Magistrate’s Court at Kisii with the offence of stealing by agent contrary to <em>Section 283</em> of the Penal Code. The particulars were that on the 7^th day of April <em>(sic)</em> at Rongo Township in Nyanza Province, he stole Ksh.281,000/= which had been entrusted to him by Ali Noor Ali Sheto to purchase maize.</p><p class="ql-align-justify">2. The prosecution case was founded on the testimony of the complainant, <em>Ali Noor Ali Sheto</em> (PW1) who testified as follows:</p><p class="ql-align-justify"><em>I am a businessman at Rongo. On 7</em><em>^th</em><em> April 2009 at 8.00 am I was within Rongo at my place of work. We were talking business with the accused. I gave the accused Ksh. 281,000/= to bring maize. The accused is my friend. We were together with Ms Mostata at that time. I gave the accused money. He went with Mostata in the accused motor vehicle. They went to Langata area at the border of Maasai. They came and informed me that they had bought 100 bags of maize.</em></p><p class="ql-align-justify"><em>On 9</em><em>^th</em><em> April 2009, the…</em></p>