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DANIEL KAMAU NGANGA v. REPUBLIC

(1995) JELR 104964 (CA)

Court of Appeal  •  Criminal Appeal 50 of 1994  •  20 Feb 1995  •  Kenya

Coram
Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

The appellant Daniel Kamau Nganga was, on the 8th day of October, 1993, convicted of five counts, namely, stealing contrary to section 275 of the Penal Code, forgery contrary to section 349 of the Penal Code, personating contrary to section 382 of the Penal Code, uttering a false document contrary to section 353 of the Penal Code, attempting to obtain money by false pretences contrary to section 313 as read with section 389 of the Penal Code and conspiracy to defraud contrary to section 317 of the Penal Code.

The appellant was sentenced to serve 5 years imprisonment on each count; the sentences were concurrent.

The appellant appealed to the High Court and put forward six (6) grounds of appeal by which grounds the appellant complained of the learned trial magistrate erring in law and fact. The learned Judge summarily rejected the appeal under section 352(2) of the Criminal Procedure Code.

The learned state counsel Miss Ndirangu concedes that the appeal should not haveā€¦

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