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Peter Odiwuor Ngoge T/A O.P. Ngoge & Associates v. Josephine Akoth Onyango,Simon Otieno Onyango,Director of Public Prosecutions,Director of Criminal Investigations,Sehit Investments Ltd & Kenya Commercial Bank Ltd

(2014) JELR 94989 (CA)

Court of Appeal  •  Civil Application Nai 49 of 2014 (UR 36/2014)  •  3 Oct 2014  •  Kenya

Philip Nyamu Waki, Wanjiru Karanja, Kathurima M'inoti



On 20th December, 2012, the 1st respondent, Josephine Akoth Onyango was arrested by the police on suspicion of having committed various offences under the Penal Code relating to the property known as LR No 1160/784, Nairobi measuring in area approximately 0.6305 hectares and valued at Kshs 200,000,000 (hereafter the suit property). She was held in custody until the eve of Christmas when she was charged before the Chief Magistrates Court, Kibera in Criminal Case No 6531 of 2012.

Subsequently,the 2nd respondent,Simon Otieno Onyango was also arrested and charged before the same court in Criminal Case No 2178 of 2013 arising from the same set of facts.

When the two criminal cases were ultimately consolidated, the charges against the 1st and 2nd respondents ranged from conspiracy to defraud, forgery, making false documents and uttering false documents, all arising from the transfer of the suit property from the name of the 5th respondent, Sehit Investments Ltd to that of t…

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