JUDGMENT
The appellant in this appeal, Silvanus Njuki Nguku, was charged before the Chief Magistrate’s Court at Nairobi with three counts. He pleaded not guilty to all the three counts and was after the full hearing found guilty and convicted on counts 1 and 3 by the trial magistrate. He was sentenced to serve 10 months imprisonment in respect of each count and the sentences were to run concurrently. He was dissatisfied with the decision of the trial court and he filed an appeal against the convictions in the superior court.
After the appeal was heard, the superior court in a considered judgment allowed the appeal on count 3 but upheld conviction on count 1. Count 1 was that of stealing by a person employed in the public service contrary to section 280 of the Penal Code and its particulars were that on diverse days between 19th and 25th November, 1997 at the Ministry of Foreign
Affairs and International Co-operation headquarters, Nairobi in Nairobi within Nairobi area, jointly with other…