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JUDGMENT OF THE COURT
The appellant, Pius Chorongo Mbashu, was convicted on four counts of stealing by a person employed in the Public Service contrary to Section 280 of the Penal Code by the learned Senior Resident Magistrate at Kilifi. He was sentenced to 3 years imprisonment on the first count, 4 years imprisonment on the second count and to twelve months imprisonment on the third and fourth counts. The sentences were ordered to run concurrently. His appeal to the High Court was dismissed by the learned Commissioner of Assize. When the appeal came up for hearing before us on 25th January, 2001 in Mombasa, Mr. Mwanyumba for the appellant started his submissions by stating that both the trial and first appellate courts erred in failing to appreciate that the charge of stealing by a person employed in Public Service contrary to Section 280 of the Penal Code had not been proved beyond reasonable doubt.
The second issue raised in the course of Mr. Mwanyumba's submission related to handwri…