MARY MANGA MESHACK V. REPUBLIC

JUDGMENT OF THE COURT

The appellant MARY MANGA MESHACK MWASI (the appellant), was charged, tried, convicted and sentenced to an imprisonment term, for the offence of forgery contrary to section 349 of the Penal Code. Her first appeal to the superior court was dismissed. She now comes to us on second appeal.

The prosecution case before the trial court was that the appellant made a document purporting it to be a sale agreement made and signed by one SALIM AWADH SULEIMAN, agreeing to sell his house at Chaani, Mombasa, to her at a price of Kshs.25,000/=. The said SALIM AWADH SULEIMAN, since deceased, (under, the deceased) neither made nor executed the agreement. The appellant used the agreement to lay claim to the ownership of the house and in doing so she was acting fraudulently. On the other hand the appellant's case was that the said agreement was indeed made on the instructions and direction of the deceased who then signed it. He received Kshs.25,000/= from her as consideration for the …