JUDGMENT
The appellant was convicted by the Senior Resident Magistrate on two counts of conspiracy to defraud contrary to section 317 of the Penal Code and one count of stealing by an agent contrary to section 283 (b) of the Penal Code. The particulars of these counts are that the appellant and other persons named in the counts as the case may be.
“On diverse dates between 19th November, 1986 and 12th February, 1987 at Mombasa within the Coast province jointly conspired together to defraud the National Cereals and Produced Board of Kshs 27 million by falsely purporting that 1.5 million new gunny bags worth the said amount of Kshs 27 million had been delivered to the said National Cereals and Produce Board, Mombasa Depot on account of orders given to M/s Yamao Ltd and Nchoke Ltd.
On diverse dates between 19th of November, 1986 and 3rd of April, 1987 at Mombasa within the Coast province jointly conspired together to defraud the National Cereals and Produce Board of Kshs 24.9 million by fal…