CAROLYNE NABWIRE WAWIRE V. REPUBLIC

JUDGMENT OF THE COURT

On 28^th February 2011, the Chief Magistrate’s Court at Bungoma convicted the appellant, Carolyne Nabwire Wawire, of obtaining money by false pretences contrary to section 313 of the Penal Code and sentenced her to probation for a period of one year. The appellant was aggrieved and lodged an appeal in the High Court, which Mabeya, J. dismissed by a judgment dated 9^th June 2011. The appellant was yet again aggrieved and preferred the second appeal now before us.

The particulars of the offence with which the appellant was charged were that on 22^nd May 2004, at Mateka Market, in the present day Bungoma County, with intent to defraud, she obtained Kshs. 48,000/= from Rita Kwatsima Kuloba (Rita) by falsely pretending that she was able to sell to her a plot of land measuring 50 by 100 feet, information which she knew to be false. The appellant pleaded not guilty and her trial ensued, in which the prosecution called five witnesses, while the appellant gave sworn defence an…