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Joseph Muerithi Kanyita v. Republic

(2017) JELR 100646 (CA)

Court of Appeal  •  Criminal Appeal 35 of 2017  •  28 Jul 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

On 13th September 2013, the Chief Magistrate’s Court, Nairobi convicted Joseph Mureithi Kanyitta (the appellant) and Michael Mwangi Ngugi, who is not before us in this appeal, of the offences of forgery contrary to section 350 (i) of the Penal Code and obtaining registration by false pretences contrary to section 320 of the Penal Code. Separately the appellant was also convicted of the offences of uttering a false document contrary to section 353 of the Penal Code and making a document without authority contrary to section 357 (a) of the Penal Code. For the offences of forgery, uttering a false document and making a document without authority, the court imposed a fine of Kshs 100,000 for each offence or in default 6 months imprisonment. For the offence of obtaining registration by false pretences, the court imposed a fine of Kshs 200,000 or 1 year imprisonment. Michael Mwangi Ngugi was satisfied with the conviction and fine, paid up the fine and went his way, hope…

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