JUDGMENT
April 3, 1989, the following Judgment of the Court was delivered. Mathlida Akinyi Oware, the appellant, was charged before the Resident Magistrate’s Court at Thika with the offence of stealing by agent contrary to section 283 (b) of the Penal Code the particulars whereof were that:
On the 14th day of August, 1987 at T.U.D.C. Estate within Thika in Kiambu District of the Central Province, she stole shs. 11,400/= in cash which had been entrusted to her by Cicilia Wanjiku Kiarie in order to buy some bales of khanga.
She pleaded guilty to this charge and in outlining the facts upon which the charge was founded, the prosecutor said that the appellant and Cicilia Wanjiku Kiarie, the complainant, lived in the same estate and were doing the business of buying and selling khangas within Thika. On 14th August, 1987 the appellant approached the complainant and informed her that she was in a position to buy some khangas for her (the complainant). After some discussions, the complainant gave…