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Patrick Ngunjiri Maina v. Director of Public Prosecutions, Chief Magistrate's Court at Kiambu & Inspector General of Police

(2019) JELR 94041 (CA)

Court of Appeal  •  Civil Appeal 113 of 2017  •  6 Aug 2019  •  Kenya

Coram
Philip Nyamu Waki, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

Patrick Ngunjiri Maina “the appellant” is an advocate of the High Court of Kenya and at the material time leading to this appeal was practising in the name and style of Muriuki Ngunjiri and Co. Advocates. On 28th November 2016, the appellant was arraigned before the Chief Magistrate’s Court at Kiambu ”the 2nd respondent ” in Criminal Case No. 2556 of 2016; Republic v. Patrick Ngunjiri Maina. He was charged with making a false document contrary to section 347 (d) (i) as read together with section 349 of the Penal Code; obtaining registration of land by false pretence contrary to section 320 of the Penal Code; making a document without authority contrary to section 357 (a) of the penal Code and uttering a document with intent to deceive contrary to section 357 (b) of the Penal Code.

On the day of plea, the appellant’s advocate, Mr. Mwangi Wahome, learned counsel raised objection to the taking of the plea on grounds that the charges were as a consequence of the appell…

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