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Joseph Mukuha Kimani v. Republic

(1984) JELR 100642 (CA)

Court of Appeal  •  Criminal Appeal 76 of 1983  •  3 May 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Kneller JA, Chesoni and Nyarangi Ag JJA )

CRIMINAL APPEAL 76 OF 1983

BETWEEN

JOSEPH MUKUHA KIMANI...............................................................APPELLANT

AND

REPUBLIC........................................................................................RESPONDENT

(Appeal from the High Court at Nairobi, Todd J)

JUDGMENT

Joseph Mukuha Kimani (the appellant) was convicted on three counts, that is, two of forgery and one of uttering a false document contrary to sections 349 and 353 of the Penal Code, respectively. At his first appeal, the High Court acquitted him of the two counts of forgery but upheld the conviction on the count of uttering a false document. What was put against Joseph on that count, was that on March 5, 1981, at Kahawa Garrison, within Nairobi Area, he knowingly and fraudulently uttered a certain forged Trade Test Certificate No 65092 to Joseph Zimi, purporting it to be a genuine Trade Test Certificate, signed by James O…

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