PETER KUIBITA PAUL V. REPUBLIC

REASONS OF THE COURT

On 17th April 1980 we allowed this appeal, quashed the conviction and set aside the sentence. We now state the reasons for our judgment.

The appellant was convicted by a subordinate court of the first class on two counts of stealing by an agent, contrary to section 283(b) of the Penal Code. The charge on the first count was that the appellant, on 11th July 1977, stole 360 bags of sugar at Sagana railway station, the property of Kenya National Trading Corporation, Embu depot. On the second count the appellant was charged with similarly stealing 360 bags of sugar on 24th August 1977.

The appellant’s conviction on the second count was quashed on appeal to the High Court. This appeal related to the conviction on the first count.

The appellant’s firm (known as “Embu Packers”) were the appointed transporters of sugar by road from Sagana railway station to the depot at Embu of the Kenya National Trading Corporation. The appellant arrived at Sagana railway station at 8.00 am …