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Michael Mukuti Muthungu v. Republic

(2017) JELR 99106 (CA)

Court of Appeal  •  Criminal Appeal 2 of 2016  •  19 Oct 2017  •  Kenya

Coram
Wanjiru Karanja, Paul Kihara Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] Michael Mukuti Muthungu (the appellant) and another were charged before the Chief Magistrate’s Court in Kiambu with two counts of forgery contrary to Section 345 of the Penal Code and four counts of obtaining money by false pretences under Section 313 of the Penal Code.

Having denied all six charges, the matter proceeded to full hearing with the prosecution calling a total of eleven witnesses in support of the case. The appellant and his co-accused testified on oath but called no witnesses. In the end, they were both found guilty and convicted on all counts and each sentenced to serve 3 years imprisonment, which sentences were to run concurrently.

[2] Aggrieved with the decision, the appellants appealed that judgment at the High Court in Nairobi.

Bearing in mind that this is a second appeal and only issues of law fall for our determination, we shall briefly recapitulate the circumstances of the case from the hearing before the Chief Magistrate, the first appeal b…

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