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Patrick Mkonji Mtambo v. Republic

(1997) JELR 95189 (CA)

Court of Appeal  •  Criminal Appeal 170 of 1988  •  7 Nov 1997  •  Kenya

Coram
Johnson Evan Gicheru, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

:The appellant who at the material time was the Officerin- Charge of G.K. Prison, Kakamega was with John Mukaya Mukangai who was the second accused person in the Principal Magistrate's Court at Kisumu jointly charged before that court with twelve counts of stealing by persons employed in the public service contrary to section 280 of the Penal Code . These twelve counts respectively involved the theft of K.Shs. 3,300/- on 2nd December, 1981; K.Shs. 3,349/- and K.Shs. 3,287/- on 7th December, 1981; K.Shs. 3,382/-, K.Shs. 3,122/-, K.Shs. 3,364/- and K.Shs. 3,312/- on 9th December, 1981; K.Shs. 3,523/- on 14th December, 1981; K.Shs. 3,480/- on 18th December, 1981; K.Shs. 3,880/-, K.Shs. 2,500/- and K.Shs. 3,800/- on 23rd March, 1982 the property of the Kenya Government which came into their possession by virtue of their employment.These sums of money were respectively reflected in Payment Voucher numbers 0175, 0172, 0173, 0171, 0175, 0177, 0180, 0180, 0190, 0303, 0311…

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