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Waringa v. Republic

(1984) JELR 96300 (CA)

Court of Appeal  •  Criminal Appeal 19 of 1984  •  14 Mar 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram:Kneller JA, Chesoni and Nyarangi Ag JJA )

CRIMINAL APPEAL 19 OF 1984

BETWEEN

WARINGA..................................................................APPELLANT

AND

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

(Appeal from the High Court at Nakuru, Mead J)

JUDGMENT

The appellant, who was employed by the Kenya Railways as a Permanent Way Inspector, was convicted of stealing by servant contrary to section 281 of the Penal Code (cap 63) and was placed on probation for one year. His first appeal was dismissed by the High Court (Mead J) and he has now appealed to this court.

The theft the appellant was charged with related to thirty-eight secondhand wooden sleepers worth Kshs 1,863.90, which he was alleged to have sold to a Gilgil farmer, Anthony Islam Barlow (PW 1) for Kshs 380. The sleepers were the property of the Kenya Railways. The appellant’s contention in this appeal is on the grounds that the two courts below erred i…

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