judy.legal
Login Register

Nicholas Wachira v. Republic

(1983) JELR 96326 (CA)

Court of Appeal  •  Criminal Appeal 28 of 1983  •  22 Mar 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Chunilal Bhagwandas Madan, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAKURU

(CORAM: MADAN, POTTER JJA and CHESONI Ag JA)

CRIMINAL APPEAL NO 28 OF 1983

NICHOLAS WACHIRA ........................ APPELLANT

VERSUS

REPUBLIC....................................RESPONDENT

JUDGMENT

The appellant Nicholas Wachira was convicted of obtaining money by false pretences, contrary to section 313 of the Penal Code (cap 63), by the resident magistrate, Nyahururu. On appeal to the High Court, Mead J, allowed the appeal against the conviction for obtaining. Acting under the provisions of section 189 of the Criminal Procedure Code (cap 75) the learned judge substituted a conviction for the offence of stealing, contrary to section 275 of the Penal Code.

Mr Johana Kariuki, the chairman of Kihinga Farmers Company (possibly the same as Kihinga Co-operative Society mentioned in the particulars of the offence), made a deal on behalf of his Society to purchase the farm of the appellant’s father, the late Mr Ephantus Mahihu (also called Mr Gakuru), comprising 650 a…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login