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Charles Wanjau Karimi v. Republic

(1997) JELR 103247 (CA)

Court of Appeal  •  Criminal Appeal 7 of 1997  •  4 Dec 1997  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire

Judgement

JUDGMENT OF THE COURT

:In this second appeal, the appellant has put forward four grounds of appeal the thrust of which is the failure by the first appellate judge to hold that the charges preferred against him (appellant) in the court of the first instance were not proved beyond reasonable doubt as is by law required and in particular for the reason that the documents used to back up those charges were not proved to have been prepared by the appellant with the result that the offences for which the appellant was charged were not disclosed.

The appellant had been charged before the Principal Magistrate's Court at Nyeri with eight counts the first seven of which related to the offence of stealing by a person employed in the public service contrary to Section 280 of the Penal Code , Chapter 63 of the Laws of Kenya, hereinafter called the Penal Code, while the eighth related to the offence of fraudulent false accounting contrary to Section 330 (a) of the Penal Code .

The first seven counts r…

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