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Samuell Karuga Wandai v. Republic

(1987) JELR 94348 (CA)

Court of Appeal  •  Criminal Appeal 4 of 1986  •  5 Jan 1987  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

CRIMINAL APPEAL 4 OF 1986

SAMUELL KARUGA WANDAI...............APPELLANT

v.

REPUBLIC........................................RESPONDENT

JUDGMENT

The appellant , Samuel Karuga Wandai was originally charged with the theft of Kshs 4,018,946.00, the property of Kimunye Investment Company Limited. This theft was said to be theft by an agent contrary to section 283(c) of the Penal Code. Apart from the averment that the appellant was the advocate of Kimunye Investment company Limited, the charge was not clear as to what the terms of the agency were. The charge ends by saying:-

“............. Stole cash Kshs 4,018,946 the property of the said M/s Kimunye Investment Company Limited which had been received by the said for the Account of M/s National Bank of Kenya Limited.”

It will be seen that some word or phrase is missing from the charge sheet and that it is not clear what the agency was. Notwithstanding this difficulty, the trial court found t…

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