JUDGMENT OF THE COURT
The High Court (Msagha, J.) dismissed the appellant’s appeal in which he had challenged his conviction and sentence to three years’ imprisonment for the offence of stealing by servant contrary to section 281 of the Penal Code.
It was alleged in the particulars of the offence that on diverse dates, between 31st May, 2004 and 17th November, 2004 at Golf Course Club within Nairobi Area, being a servant to Messrs Royal Nairobi Golf Club where he was employed as the head cashier, the appellant stole Kshs. 545,243 the property of the said Messrs Royal Nairobi Golf Club which came into his possession on account of his employment.
The appellant denied the charge and was subjected to a full trial and maintained that the loss may have been caused by negligence.
It is common factor that indeed the appellant was the head cashier of the complainant club; and that during the period in question cash in the sum of Kshs. 545,243/= could not be accounted for.
The courts below did not b…