On January 20, 1983 Mathews Onyango Midika, the appellant, was convicted of stealing by an agent contrary to section 283(b) to the Penal Code and sentenced to four years imprisonment by the senior resident magistrate, Kisumu.
His appeals against the conviction and the sentence were dismissed by the High court (Sachdeva and Porter JJ) in Nairobi on August 10, 1983.
He appealed against that decision but his advocate, Mr Orengo, abandoned the appeal against his sentence because on a second appeal this court could not interfere with it (section 361(1) Criminal Procedure Code (cap 75).
So his appeal was against that decision of the High Court in its appellate jurisdiction and therefore confined to matters of law (section 361(a) (ibid).
The particulars of the amended charge were that on divers days between January 12 1982 at Kisumu Municipality within the Kisumu District of the Nyanza Province, being an office bearer of the Kenya Union of Sugar Plantation Workers, the National Secretary General…