Andogwisye s/o Mwambungu, Crim. App. 294-M-68, Seaton J.

Andogwisye s/o Mwambungu, Crim. App. 294-M-68, Seaton J.

Accused, an Executive Officer in a region Police office was convicted of six counts of stealing by public servant [P.C. s. 270]. The main question on appeal arose in connection with five counts concerning premium monies received by accused in respect of insurance policies held by police constables. The Regional Commander testified that he had been instructed by the Inspector-General of Police to act as agent, receiving premiums from policy holders for transmission to the insurance company. This duty was delegated to accused. The evidence accepted by the court showed that accused had failed to had failed to hand over some Shs. 2000/- in premium payments, as a result of which many police policies lapsed.

            Held: The premiums were the property of the insurance company, not the Government, and accused received them as an agent of the company. The “failure to deal specifically with the question of employment and to make and finding of fact thereon was a serious misdirection.” [Citing Rajabu s/o Mbaruku v. R., (1962) E.A. 669]. Convictions under section 265 of the Penal Code substituted (simple theft) and sentences of twelve months imposed. Order for compensation to Government altered to require compensation to insurance company.