PETER NGUGI THOTHO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Peter Ngugi Thotho was charged, tried, convicted and sentenced by the senior principal magistrate at Thika, jointly with one Benard Jacob Musembi, whose appeal is not before us the same having abated for non-payment of the requisite fee, with making a false document contrary to section 347(a) of the penal code and uttering a false document contrary to section 353 of the same code; and separately of one count of uttering a false document, one count of fraudulent procurement of false registration of title contrary to section 155(2)(a) as read with section 143(1) of the Registration Land Act, Cap 300, Laws of Kenya, and one other count of false swearing contrary to section 114 of the penal code. His first appeal to the superior court was dismissed and he has come to this court on second appeal. There are only two grounds of appeal, but in our view determination of the appeal depends on whether or not evidence was adduced to show that the document he is…