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Mulaa v. Republic

(1989) JELR 98849 (CA)

Court of Appeal  •  Criminal Appeal 98 of 1989  •  27 Oct 1989  •  Kenya

Coram
Richard Otieno Kwach, John Mwangi Gachuhi, James Onyiego Nyarangi

Judgement

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…

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