Teacher, secretary jailed over theft of school staff SACCO money

THEFT

OTUKE  - A teacher and secretary of Adwari Secondary School have been convicted of theft and sentenced to 20 months imprisonment. They were also ordered to refund the money they stole within six months.

Jimmy Okii, 39, teacher and Lameck Nyanga, 41, secretary were charged with theft.

The duo and others still at large, on October 7, 2015 stole sh12.3m, the funds of Adwari SS employees saving and credit association.

The accused persons denied the charge but prosecution proved beyond reasonable doubt that they stole the money.  The magistrate, Martin Benjamin Seruwo convicted and sentenced them accordingly. 

During the trial, court heard that the money was put in a box secured with three padlocks and a key to each padlock was given to each of the defendant.

One padlock was cut and never replaced leaving only two padlocks to which the accused persons had the keys.

Witnesses told court that on September 30, 2015, members collected sh12.353, 400 which was put in the box but on October 7, 2015 when the box was opened, only sh95, 200 was found in the box.

When they found the money missing, relatives of Okii committed to refund the money and settle the matter but Nyanga refused.

In his ruling, the magistrate Seruwo said he finds the ingredients of theft proved beyond reasonable doubt by prosecution.

"The accused persons cannot be convicted merely for having the keys to the safe box but the fact that content of the box was taken away without breaking the box or forcing the padlock open, raises a lot of circumstantial evidence against the accused persons," the magistrate said, as he convicted the accused persons.

In his submission, prosecution prayed for deterrent sentence and that the accused be ordered to pay the group's money with profit.

Defence, however, pleaded for lenient sentence arguing that the convicts are parents with responsibility, and first offenders. "I pray the money be refunded without profit," defence lawyer pleaded.

In the judgment, the magistrate sentenced the convicts to 20 months imprisonment and ordered that they refund the stolen money amounting to sh12, 258, 200 within six months.