Levi s/o Nyoro v. R., Crim. App. 672-M-68, 22/11/68, Seaton J.

Levi s/o Nyoro v. R., Crim. App. 672-M-68, 22/11/68, Seaton J.

The appellant was convicted on his own plea of three counts of theft by an agent c/s 265 and 273(b), Penal Code.

The appellant, who was an assistant divisional executive officer, received sums of money totaling Shs. 1,355/60 from three persons in order to change them into new currency. But instead of changing the money he uses it for his own purposes.

Held: “Learned advocate for the appellant has argued strongly that ….. the facts as outlined by the prosecution did not disclose the offence of stealing or any offence in law …. With respect to the learned advocate for the appellant, I can find no substance in any of these grounds. The combined effect of s. 265 and s. 273(b) of the Penal Code is to make it an offence it any property which has been entrusted to another for him to retain in safe custody or to apply, pay or deliver for any purpose or to any person the same or any part thereof or any proceeds thereof, is stolen, the maximum penalty for which is imprisonment for seven years. Section 260 of the Penal Code provides inter alia that when a person receives any money with a direction that such money shall be applied to any purpose or paid to any person specified in the direction, such money is deemed to be the property of the person from whom it was received until the direction has been complied with. The appellant received various sums of money from the respective complainants with a direction has been complied with. The appellant received various sums of money from the respective complainants with a direction to change them into new currency. He did not do so. His acts fall within the definition of theft as defined by section 258(c) of the Penal Code; he converted the money to his own use although he may have intended some day to repay the amounts to the respective owners which incidentally to date he has not yet done”. Appeal dismissed.