REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
CRIMINAL APPEAL 4 OF 1986
SAMUELL KARUGA WANDAI...............APPELLANT
v.
REPUBLIC........................................RESPONDENT
JUDGMENT
The appellant , Samuel Karuga Wandai was originally charged with the theft of Kshs 4,018,946.00, the property of Kimunye Investment Company Limited. This theft was said to be theft by an agent contrary to section 283(c) of the Penal Code. Apart from the averment that the appellant was the advocate of Kimunye Investment company Limited, the charge was not clear as to what the terms of the agency were. The charge ends by saying:-
“............. Stole cash Kshs 4,018,946 the property of the said M/s Kimunye Investment Company Limited which had been received by the said for the Account of M/s National Bank of Kenya Limited.”
It will be seen that some word or phrase is missing from the charge sheet and that it is not clear what the agency was. Notwithstanding this difficulty, the trial court found t…