JUDGMENT OF THE COURT
[1] The appellant was charged before the Senior Resident Magistrate’s Court, Rongo, with the offence of stealing by servant contrary to Section 281 of the Penal Code particulars being that on the 25th day of September, 2004 at Dakianga Distributors in Kisii Central District within Nyanza Province being a servant to Dakianga Distributors, he stole Kshs. 702,966/20 from his employer which came into his possession by virtue of his employment.
[2] The trial magistrate in his judgment convicted the appellant of the offence charged and sentenced him to pay a fine of Kshs. 50,000/- or serve two years imprisonment in the alternative.
[3] The appellant appealed to the High Court at Kisii (D. Musinga, J) (as he then was) where the appeal was dismissed for lacking merit. The High Court said in part;
“In this appeal the prosecution led evidence to show that there was no robbery that took place at the said bank on the material day. It is the appellant who was alleging that such r…