JUDGMENT
The appellant who was employed in the public service was convicted by the resident Magistrate, Kisumu, of stealing one income tax file value Kshs 1, the property of Kenya Government, contrary to section 280 of the Penal Code. His appeal to the High Court against conviction was dismissed. The prosecution failed to prove the value of the file at the trial. The finding of the appellate judge of the High Court that to support a charge of theft economic or pecuniary loss need not be proved has come under strong attack before us. Under section 267(1) of the Penal code, every inanimate thing whatever which is the property of any person, and which is movable is capable of being stolen. A file is capable of being stolen. The omission to prove the value of the thing stolen is not fatal to the charge inasmuch as section 137 (c) (i) of the Criminal Procedure Code provides that if the property is described with reasonable clearness in a charge or information it shall not be necessary (exce…