IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
(Coram: Nyarangi, Gachuhi and Kwach, JJA)
CRIMINAL APPEAL NO 98 OF 1989
MULAA .................................................................APPELLANT
VERSUS
REPUBLIC...............................................................DEFENDANT
JUDGMENT
October 27, 1989, Nyarangi, Gachuhi and Kwach, JJA, delivered the following judgment.
The appellant was convicted by a senior resident magistrate, Nairobi of forgery contrary to section 349 of the Penal Code, of uttering a false document contrary to section 353 of the Penal Code and of obtaining by false pretences contrary to section 313 of the Penal Code.
His appeal against conviction and sentence to the High Court (Porter, J) was successful only with regard to the conviction on the first count. The appeal in respect of the other counts was dismissed.
Before this court the submissions on behalf of the appellant were that the lower courts erred in not considering that the appellant was given an imprest in th…