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 acres for Kshs 500,000. He paid Kshs 3,000 to Mr Mahihu on account of the purchase price. Mr Mahihu died soon thereafter. Mr Kariuki who was aware of Mr Mahihu’s death continued to make periodic payments to the appel…