JUDGEMENT OF THE COURT
The appellant was charged before the Chief Magistrate at Nairobi with the following offence
“Stealing by servant contrary to Section 281 of the Penal Code.
Particulars of Offence
Peter Richard Mwambusa: On April 21, 1982, at Embakasi Air Force Camp within Nairobi Area, being a servant to Armed Forces Canteen Organisation as Assistant Manager, stole Kshs 10,000 the property of Armed Forces Canteen Organisation."
To this charge the appellant pleaded as follows -
"It is true I stole Kshs 10,000 from the employer as charged."
The facts of the case were stated by the prosecutor as follows -
"The accused was employed as assistant Manager by Air Force Canteen, the complainant. On April, 13, 1982 the accused was given Kshs 10,000 by a warrant officer to buy a refrigerator. When the complainant checked for a fridge was bought the appellant was not there. Investigation was carried out and it was found that the accused stole the money instead of using it to a fridge. He disappeare…