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(1984) JELR 105081 (CA)

Court of Appeal  •  crim app 76 of 83  •  5 Mar 1984  •  Kenya

Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller



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 the 5th day of March 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 Oronyu Opiyo.

On this second appeal, four grounds were put forward but Mr. Gatimu for the appellant, argued only ground 3, that the learned Judge erred in not appreciating that, the elements of the offence were not proved. Indeed, ground four was not maintainable, in view of Section 361(1) (a) of the Criminal Procedure Code. Section 353…

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