Alex Godfrey Mungumbele v. R., Crim. App. 20-D-68, 19/4/68, Biron J.

Alex Godfrey Mungumbele v. R., Crim. App. 20-D-68, 19/4/68, Biron J.

Accused, a clerk employed by the National Agricultural Products Board, was charged in a single count with two separate commissions of theft by public servant. [P.C. ss. 265, 270}. He was convicted on his own plea of theft by clerks and servants [P.C. ss. 265, 271] and was sentenced to nine months imprisonment. The property was that of Rawajani Mills, which had been nationalized prior to the thefts and to which accused had been assigned by the Board.

            Held: (1) The two separate commissions of theft should not have been charged in a single count. However, the error did not prejudice accused and is curable under section 346 of the Criminal Procedure Code. (2) Person employed in the public service is defined as “any person holding any of the following offices … namely; (i) … any office the power of appointing a person to which or of removing from which is vested in President or in any public Commission or Board.” [P.C. s. 5, as amended by Part 1 of the Fourth Schedule to the Republic of Tanganyika (Consequential, Transitional and Temporary Provisions) Act, 1962]. (3)An employee of the Board, accused was a person employed in the public service [Citing ss. 3(1), 3(2), 4(2) an para. 8 of Part (b) of the First Schedule to the Agricultural Products (Control and Marketing) Act, 1962; G.N. 550 of 1962] The theft therefore constitutes theft by public servant irrespective of whether the property of the mill was government property, a question which the Court left open. Sentence enhanced in accordance with the Minimum Sentences Act.