Joseph Lawrence Mchaa v. R., Crim. App. 384-D-67; 12/7/67; Georges, C. J.

Joseph Lawrence Mchaa v. R., Crim. App. 384-D-67; 12/7/67; Georges, C. J.

Accused, the manager of a community center, was convicted of stealing by servant. (P. C. ss. 271, 265). In the course of his employment accused regularly conducted dances, the proceeds of which went to the City Council. On the night in question, accused conducted a dance but failed to remit the proceeds. He claimed that the dance was for the benefit of Boy Scouts Troop, and the tickets for the dance contained the words “Boy Scouts and Girl Guides…..” However, the court found that this claim was ruse and that the Boy Scouts were in no way involved in the dance.

            Held: A person cannot claim that he did not receive on behalf of his principal monies it was his duty to receive in that behalf. It is irrelevant that at all times he intended to convert them to his own use. Citing Burton Bwaka- pesele v. R. (1965) E.A. 407. Conviction upheld.