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Theodore Abungu Okoth v. Republic

(2000) JELR 93977 (CA)

Court of Appeal  •  Criminal Appeal 104 of 1999  •  20 Jan 2000  •  Kenya

Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Emmanuel Okello O'Kubasu



The appellant Theodore Abungu Okoth was convicted of stealing by servant contrary to section 281 of the Penal Code and sentenced to 18 months imprisonment by the learned Senior Principal Magistrate (Mr. J.S. Kaburu). We must hasten to state that although the appellant had been charged on two counts he was convicted on the first count and acquitted on the sTehceo nda pcpoeulnlta.nt's appeal to the High Court was dismissed and hence this is now a second appeal.

The two lower courts made concurrent findings on issues of facts. The appellant who was the Branch Manager of Gateway Insurance Co. Ltd was issued with 51 certificates of insurance of Shs.1,000/= each but kept them in his office without raising any invoices. The courts below reached an irresistible inference that the appellant received the money (shs.51,000/=) but converted it to his own use as he did not surrender it to the company. It should be pointed out that the copies of the insurance certificates were f…

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