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…