JUDGMENT
The appellant, who was employed by the Kenya Railways as a Permanent Way Inspector, was convicted of stealing by servant contrary to section 281 of the Penal Code (cap 63) and was placed on probation for one year. His first appeal was dismissed by the High Court (Mead J) and he has now appealed to this court.
The theft the appellant was charged with related to thirty-eight secondhand wooden sleepers worth Kshs 1,863.90, which he was alleged to have sold to a Gilgil farmer, Anthony Islam Barlow (PW 1) for Kshs 380. The sleepers were the property of the Kenya Railways. The appellant’s contention in this appeal is on the grounds that the two courts below erred in law in not treating Mr Barlow’s evidence as that of an accomplice; the evidence of Samson Onyango (PW 2) was not impartial as his relationship with the appellant was strained; not enough consideration was given to the defence case and the decision was against the weight of evidence. That is a summary of the eight grounds …