JOHN IRUNGU KARIUKI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, JOHN IRUNGU KARIUKI, was arraigned before the Chief Magistrate’s Court at Makadara where he was charged with two counts of obtaining money by false pretences contrary to section 313 of the Penal Code; a third count of making a document without authority contrary to section 357 (a) of the Penal Code and a fourth count of uttering a false document contrary to section 353 of the Penal Code.

On the first count the particulars were that the appellant on the 25^th November, 2004 at Morara and Company Advocates in Nairobi, with intent to defraud, obtained from Wilfred Kamunge Mathenge the sum of Kshs.300,000/- pretending that he was in a position to sell a plot at Umoja Innercore sector 111 plot C – 70 a fact he knew to be false.

It was specified in the second count, that the appellant on 22^nd December, 2004 at Morara and Company Advocates aforesaid with intent to defraud, obtained from Wilfred Kamunge Mathenge the sum of Kshs.100,000/- pretending that he was…