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Charles Ndungu Githuka v. Republic

(2014) JELR 103262 (CA)

Court of Appeal  •  Criminal Appeal 595 of 2010  •  14 Feb 2014  •  Kenya

Coram
David Kenani Maraga, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This appeal is by CHARLES NDUNG’U GITHUKA who is aggrieved by a judgment of the High Court at Nairobi (Lesiit, J.) by which his conviction and sentence for the offence of forgery contrary to Section 349 of the Penal Code imposed by a subordinate court were upheld and confirmed.

The particulars of the charge that faced the appellant were that on the 4th day of March 1997 in Nairobi within Nairobi area jointly with others not before court, with intent to defraud [he] forged a certain document namely Transfer of Land reference 1012/47/2 purporting to be genuine transfer by Sheila Thompson and that on behalf of Anthony John Thompson.

The grounds of the appellant’s appeal are set out in the memorandum of appeal dated and lodged herein on 3.6.11. In summary it alleges that the learned Judge fell into error by;

(a) Concluding that the appellant’s attestation of the transfer amounted to and rendered the transfer a forgery.

(b) Holding that the appellant was not an advocate on…

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