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PETER OCHIENG V. REPUBLIC

(1985) JELR 93639 (CA)

Court of Appeal  •  Criminal Appeal 10 of 1985  •  9 Aug 1985  •  Kenya

Coram
John Mwangi Gachuhi Harold Grant Platt Alan Robin Winston Hancox

Judgement

JUDGMENT OF THE COURT

The Appellant was at the material time a clerk in the accounts section at the Provincial Headquarters in Kisumu. The section prepared payment vouchers against invoices submitted by traders in the private sector for services rendered to the police department. The particular services said to have been rendered in the instant case which were the subject of the charges against the Appellant were those of transporting police personnel on duty for the purposes of making inquiries or otherwise.

There were twelve separate transactions which were the subject in all of no less than forty-four counts charging the Appellant with forgery, fraudulent false accounting, uttering and stealing by a person employed in the public service, covering a period of nearly six months. All these transactions were stated in the charges to be in the respect of one, Paul Odiaga, who had a transport business consisting of an omnibus number KDQ 138. He transported government officers against trave…

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