PATRICK ASIRA V. REPUBLIC

JUDGMENT

This appeal concerns the alleged conspiracy of an employee of the National Housing Corporation, who was held to have stolen a cheque from the Corporation, which he successfully negotiated through the aid of an employee of the Standard Bank, and received the greater part in cash. It is said that to do all this, he had an accomplice in the Bank called Ndiva, who aided him to pay the cheque for Kshs 6,000 into a newly opened account, and then later allowed him to withdraw Kshs 35,000. It is said that the Appellant assumed an alias calling himself “Wilfred Kipchira Lagat” purportedly working in the Ministry of Lands. His real name is Patrick Asira, an employee of the Corporation. All this came to light when Reuben Mulievi, who had been granted a loan by the Corporation, asked what had happened to it, only to be told that the cheque had been paid through the Bank. Investigations led to the events which had occurred at Ndiva’s part of the Bank, and he was expected to find the culpri…