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Francis Bwire Omada v. Republic

(2006) JELR 105488 (CA)

Court of Appeal  •  Criminal Appeal 103 of 2006  •  16 Jun 2006  •  Kenya

Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji



The appellant, Francis Bwire Omada, has come to us, on second appeal, challenging his conviction and sentence, by the Senior Resident Magistrate’s Court at Busia, for the offences of forgery contrary to section 349 and stealing by clerk contrary to section 281 of the Penal Code respectively. There were three forgery and three stealing counts making a total of six counts.

On first appeal to the superior court, the appellant’s conviction on the second forgery count was quashed and the sentence imposed on him on that count was set aside.

The appellant was sentenced to 2 years imprisonment on each of the forgery counts and 5 years imprisonment on each of the stealing counts, but these sentences were ordered to run concurrently. So the setting aside of the imprisonment term did not have any practical beneficial effect on the appellant as the appellant was for all practical purposes ordered to serve a period of 5 years imprisonment.

This being a second appeal, by dint of t…

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