A househelp who stole Sh1.4 million from her employer six years ago before heading on a shopping spree before her arrest is awaiting sentencing by a Makadara court.
Gladyce Iminza Ayekha was found guilty by chief magistrate Heston Nyaga who also acquitted her husband Bernard Sangare of the same offence.
In acquitting Sangare, Nyaga relied on section 396 (2) of the penal code states that “a husband does not become an accessory after the fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment”.
Ayekha was found guilty of stealing the money from Catherine Mwende Ndemwa at her residence in Imara Ndaima Estate, in Embakasi, Nairobi on January 20, 2014.
She will be sentenced on Tuesday.
Ayekha and Sangare had been jointly charged with theft of the money which came their way by virtue of employment.
Sangare worked at Ndemwa’s rural home in Masii, Machakos County, while Ayekha worked for the same employer but was based in Nairobi.
The couple had also been jointly charged with handling stolen goods after they were found with Sh259,000 at their home in Gamei village, Gasambai location, in Vihiga County on March 31 of the same year.
Ayekha’s brother Jackson Ondari and father Josphat Ayekha Ayekha who had been charged with handling stolen goods after aiding the couple with shopping were earlier acquitted for lack of evidence.
Ndemwa had returned home at around 3pm to find her househelp missing from the house that was not locked. She asked the guard who informed her Ayekha had left at around 1pm.
According to the evidence produced in court, She called Sangarae who did not pick calls.
Ndemwa then called Sangare’s co-worker who informed her that he had left.
She then found out her money was missing from the house and reported the matter to the police.
Police officers who arrested the four recovered the Sh259,000, an invoice for a new motorcycle, and an assortment of brand new electronics.
Both Sangare and Ayekha had Sh5000 each in their pockets.
Nyaga said in his view, Sangare, his brother in law and father-in-law did not participate in the actual theft and were only handed a treat by Ayekha when she went home with loads of cash.
“Naturally, any struggling villagers would have readily joined in the celebration, the crowing of a homecoming queen,” the Magistrate noted in his ruling.
Ayekha and his son had gone into hiding after they learnt that police were pursuing them.
Police found a freshly dug pit inside their house but learnt that Ayekha and his son had taken the money hidden in the hole, in a tin.
In their defense after they were found to have a case to answer, Sangare and Ayekha said the Sh259,000 they were found with was from their savings which Nyaga dismissed.
Both had worked for Ndemwa for 10 months earning Sh5000 per month each.
“Their combined salary was Sh10,000. They needed to have worked for 25 months without spending anything. If you add the cost of the other items then the period goes up. I find that their explanation does not hold any truth in it,” Nyaga ruled.
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