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Kibwala v. Republic

(1985) JELR 99850 (CA)

Court of Appeal  •  crim app 167 of 84  •  24 Jan 1985  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, James Onyiego Nyarangi, Harold Grant Platt, Chunilal Bhagwandas Madan

Judgement

Kibwala v. Republic

Court of Appeal, at Nairobi January 24, 1985

Madan JA, Nyarangi and Platt Ag JJA

Criminal Appeal No 167 of 1984

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

January 24, 1985, Madan JA, Nyarangi and Platt Ag JJA delivered the following

Judgment.

The appellant pleaded guilty and was convicted on two counts of obtaining money by false pretences, and on two counts attempting to obtain money by false pretences, all counts being laid contrary to section 313 of the Penal Code, without the 2 attempts counts being connected with section 389 also of the Penal Code. He appealed to the High Court. In a supplementary petition of appeal filed by an advocate the first ground of appeal was that the facts adduced by the prosecutor and admitted by the appellant did not and could not in law constitute an offence of obtaining or attempting to obtain money by false pretences. The appeal was summarily rejected by the High Court under section 352(2) of the Criminal Procedure Code. The a…

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