JUDGMENT
This is a second appeal. The first appeal was summarily rejected by the High Court under Section 352(2) of the Criminal Procedure Code.
The appellant was convicted by the Resident Magistrate, Kisumu, of stealing Kshs 15,390 by servant, contrary to Section 281 of the Penal Code. He was sentenced to 21/2 years imprisonment.
This is the third second appeal before us this morning arising from a summary rejection of the first appeal. In the first two of those three appeals - Obiri, Criminal Appeal No 58 of 1981 (Kisumu); Wambura Criminal Appeal No 53 of 1981 (Kisumu) - we stated the practice to be followed before an appeal is summarily rejected by the High Court.
The appellant was a travelling salesman employed by Endesha Limited, Kisumu. His job was to sell his firm’s goods which he carried in a van, to traders at different places. On November 27, 1980, he set off on his journey with the driver of the van with goods which had been issued to him by the firm. He returned to Kisumu on D…