Milimani Law Courts Nairobi has fined 250, 000 shillings a former employee of cooperative bank for stealing Ksh. 2.6 million from Co-operative bank five years ago.
Chief magistrate Francis Andayi while making the judgement ordered Dedan Kamau Nyamathuwe to pay his former employer 10 percent of the amount he stole while working as a teller.
Mr. Nyamathuwe will now pay a fine of 250, 000 failure to which he will serve 12 months in prison.
The court convicted him for stealing the said money from Co-operative Bank’s Westlands branch from on diverse dates between March 3 and October 2, 2015.
The magistrate told the court that the crime of stealing from his employer was serious since the bank lost a considerable amount of money.
However, in passing the lenient sentence, Mr Andayi considered the prosecution’s statement that the former employee was a first offender.
“I do not have the previous criminal record of the accused. Treat him as a first offender,” State prosecutor Fuchaka told the magistrate.
In mitigation through his lawyer, the convict pleaded for leniency saying several misfortunes have dogged him since he lost his job after he was accused of the theft.
“I urge this court to temper justice with mercy since the accused has been dogged by a ray of misfortunes since his arraignment five years ago,” the defence lawyer told the court.
The magistrate directed that the 250, 000 fine be deducted from the cash bail of Sh500,000 which the accused had deposited to the court, and the balance be returned to Mr Nyamathuwe.