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 the sum of Kshs 3,795 for the purchase of another radio in replacement, that the appellant’s explanation as to what happened to the radio was plausible and lastly, that the evidence adduced did not prove any of the charges.
In this case, as regards all the courts, there is eviden…