SHEM OPIYO WAGUDE V. REPUBLIC

JUDGMENT

The appellant, Shem Opiyo, was convicted of stealing by a person employed in the public service contrary to section 280 of the Penal Code and was sentenced to two years’ imprisonment. His first appeal was dismissed by Schofield J in the High Court. This is his second appeal based on eight grounds.

The appellant was, prior to his conviction, an assistant chief in West Kisumu Location. On November 6, 1982, Beswell Muchila (PW 1) was robbed of his motor vehicle registration No KUG 040 near Ojola market. He had Kshs 30,000 in the vehicle behind the driver’s seat at the time of the robbery. Two men dressed in police uniform stopped Beswell after passing Ojola market, one called Beswell outside the vehicle, asked him to open the boot of the vehicle and Beswell did so. After the boot had been checked and was closed one of the two men pulled out a pistol, got hold of the collar of Beswell’s jacket, started pushing Beswell and ordered him to surrender his car keys. While one of the two …