A 37-year-old petrol attendant was on Monday sentenced to serve a three-year no-custodial sentence by a Murang’a court after he was found guilty of embezzling Sh1.1 million belonging to his employer.
Anthony Kinyua Mwangi was accused of embezzling Sh1,113,934 from the Astrol Petrol station on diverse dates between March 5, 2019, and January 2, 2021.
The prosecution claims that the money came into his possession by virtue of his position at the company.
The accused, who was entrusted with handling financial transactions, allegedly siphoned the funds while serving as a clerk.
The matter came to light following an internal audit that revealed discrepancies in the accounts.
According to the prosecution’s witnesses, Kinyua manipulated the company’s transaction systems by over-debiting customers who paid via credit cards and M-Pesa.
The offenses reportedly occurred when the station manager was away or on leave, during which Kinyua had access to the company’s safe.
“On January 18, 2021, I noticed irregularities in our transaction records and consulted our accountant, Mr Isaac Gakuyu.
“After reviewing the records, we discovered that customers were being overcharged, particularly those using credit cards and M-Pesa to pay for fuel,” James Mwangi, Director of Astrol Petroleum Company testified before the court.
Another witness in the case, Jane Mukami, a human resource consultant, explained Kinyua’s history of poor performance at work.
“Since 2020, there has been notable negligence in his duties. I even issued him a formal warning, but he did not comply,” she stated in her testimony.
In his defense, the accused denied any involvement in the alleged theft, stating that he was not responsible for managing the two key financial records, the expense book and the cash book. He told the court that he did not make any entries in these books and asserted that their management was solely under the supervision of his immediate superior.
As such, he argued, he should not be held accountable for any discrepancies or unauthorized transactions recorded therein.
In her ruling, Resident Magistrate Amelia Awino said the court was satisfied with the evidence presented saying the allegations against Kinyua were proven beyond reasonable doubt, thus found guilty as charged.
In his mitigation, Kinyua expressed remorse and offered to compensate the complainant for the lost money.
“I deeply regret my actions and ask for forgiveness. I am willing to repay the money. I am a father of three young children and the sole breadwinner of my family,” he pleaded with the court.
“I humbly request the court to consider my situation and grant me a non-custodial sentence so I can continue providing for my family,” he added.
According to the probation report tabled before the court, Kinyua was said to be a first-time offender with a positive reputation in the community.
The probation officer, John Mbugua, noted that Kinyua poses no threat to society and recommended a non-custodial sentence.
“This recommendation took into account his responsibilities as a father of three, his youngest child being only three months old, and the fact that his wife is a stay-at-home parent,” added the probation officer.
Taking into consideration the mitigating circumstances and the probation report indicating that Kinyua had previously been a responsible employee and a respected member of the community and a first-time offender, the magistrate granted him a three-year non-custodial sentence, accompanied by a six-month probation period.
By Bernard Munyao and Amani Kutti
