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…He denied having forged the photocopy certificate S/No NAC/5202 (Ex 1) which he used to secure employment at the Kenya Polytechnic.…

…It is not in dispute that the appellant committed the offence in order to secure employment.…

…According to PW1 he had provided his workers with other essential household goods like beds, mattresses, brooms, blenders etc. which they were to use while in employment. This was confirmed by the Appellant.…

…PW1further admits Appellant had his permission to use the items while in his employment.…

…He said the witnesses had lied against him because of his employment.…

…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…

…It states;- “Where any person who falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing an act by virtue of such employment…

…On the contrary, there is nothing which would contradict the appellant’s testimony that he obtained the documents in the course of his employment in connection with the three wheat consignments.…

…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…

…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…

…On the contrary, there is nothing which would contradict the appellant’s testimony that he obtained the documents in the course of his employment in connection with the three wheat consignments.…

…The appellant was subsequently arrested at Matutu at the deceased’s sister’s home where she had gone to look for employment.…

…She argued that if she had killed the deceased, she could not have gone to look for employment at the deceased’s sister’s home. 5.…

…The appellant was subsequently arrested at Matutu at the deceased’s sister’s home where she had gone to look for employment.…

…She argued that if she had killed the deceased, she could not have gone to look for employment at the deceased’s sister’s home. 5.…

…The appellant was subsequently arrested at Matutu at the deceased’s sister’s home where she had gone to look for employment.…

…She argued that if she had killed the deceased, she could not have gone to look for employment at the deceased’s sister’s home. 5.…

…Accordingly, we substitute for the conviction recorded against the appellant a conviction of stealing the lesser sum of Shs 4,500, the property of the Republic of Kenya, which came into his possession by virtue of his employment…

…Accordingly, we substitute for the conviction recorded against the appellant a conviction of stealing the lesser sum of Shs 4,500, the property of the Republic of Kenya, which came into his possession by virtue of his employment…

…He gave particulars of the appellant’s education up to his qualification as a doctor and subsequent employment by the Kisumu Municipality his involvement in politics and how he joined the society known as Mwakenya and his…

…that on diverse dates between 9-10-96 and 8-11-96 he in Harbour House along Moi Avenue in Mombasa he being servant to Maersk (K) he stole from the said company KShs.938,138/30 which came to his possession by virtue of his employment…

…that on diverse dates between 9-10-96 and 8-11-96 he in Harbour House along Moi Avenue in Mombasa he being servant to Maersk (K) he stole from the said company KShs.938,138/30 which came to his possession by virtue of his employment…

…and of a handwriting expert who stated that he had compared the signature on the postal receipt with a letter written by the appellant and specimen of the handwriting of the appellant and two other messengers in the same employment…

…If the attack is all over and no sort of peril remains, then the employment of force may be by way of revenge or punishment or by way of paying off an old score or may be pure aggression.…