JUDGMENT
August 4, 1987, Nyarangi, Platt and Apaloo JJA delivered the following Judgment.
The appellant Moses Njue Kamanja was on July 26, 1984 convicted by the resident magistrate Makadara, of the offence of stealing by a servant employed in the public service and was sentenced to 1 1⁄2 years imprisonment. He appealed against the conviction and sentence to the High Court on a number of grounds. On December 7, 1984, the High Court (Mrs Aluoch, J) after an independent evaluation of the facts affirmed the said conviction and dismissed the appeal.
The appellant has brought a further appeal to this court against the appellate decision of the High Court apparently under section 361(1) of the Criminal Procedure Code. Before considering the grounds of appeal to this court, it is necessary to relate the facts briefly.
The appellant was, at the time material to this case, employed by the Ministry of Environment and Natural Resources as a Forest Ranger. One of his duties was to guard the central st…