JUDGMENT OF THE COURT
The appellant was charged before the Chief Magistrate Kisumu with two counts i.e. Count I and VII of stealing by servant contrary to Section 281 of the Penal Code. He was alleged to have stolen Kshs.516,000/= and Kshs.4,557,996/= respectively on diverse days in the year 2004 and 2005, the property of Kenya Commercial Bank. He was in addition charged with five counts i.e. Count II, III, IV, V, VI of stealing contrary to Section 275 of the Penal Code of various sums of money on diverse days in the years 2004 and 2005 the property of Kenya Commercial Bank (KCB). In particular, Count III stated that on diverse dates between 1st October, 2004 and 25th November, 2004 at KCB Luanda Satellite Branch in Vihiga jointly with others not before the court he stole Shs.180,000/= the property of KCB.
The appellant was after trial convicted of two charges of theft by servant (Ct I and Ct. VII) and sentenced to 3 years imprisonment on each count to run concurrently. He was however a…