JUDGMENT OF THE COURT
On 29th January, 1990 the Resident Magistrate's Court at Busia convicted Mary Wesonga, the appellant, on two counts of stealing by a person employed in the public service contrary to section 280 of the Penal Code. She was on the same date discharged under section 35 (1) of the Penal Code on condition that she commits no offence for a period of 12 months from the date of sentence. The trial magistrate's notes on sentence do not, however, indicate to which count this conditional discharge was related. Her appeal against conviction and sentence to the High Court at Kakamega was on 24th october, 1990 dismissed. She now appeals to this Court against that dismissal; her chief complaint being that there was no theft of the money in respect of which she was charged.
When the two charges reflected in the two counts mentioned above were preferred against the appellant, the prosecution set out to prove that she had stolen the money therein which was the property of the Republ…