NYAMBANE V. REPUBLIC

IN THE COURT OF APPEAL

AT NAKURU

(Coram:Hancox, Nyarangi JJA and Platt Ag JA)

CRIMINAL APPEAL NO. 150 OF 1985

BETWEEN

NYAMBANE........................................................APPELLANT

AND

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

(Appeal from the High Court at Nakuru, Omolo J)

JUDGMENT

The appellant, was charged before the second class district magistrate at Narok with obtaining Kshs 105,000 from one Charles Mugesi by false pretences contrary to section 313 of the Penal Code. The false pretence alleged in the particulars of the charge was that the appellant “was in a position to buy him” (meaning the complainant) “a motor vehicle at a cheaper price at Nairobi.”

It was this payment in the charge sheet which gave rise to the first ground in the memorandum of appeal to this court and formed the main basis of the submissions of Mr Otumba on behalf of the appellant. He submitted that the transaction which took place between his client and the complainant and wh…