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Peter Walemba Isaya v. Republic

(2015) JELR 96410 (CA)

Court of Appeal  •  Criminal Appeal 31 of 2013  •  19 Oct 2015  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant, Peter Walemba Isaya, and his wife Julia Adhiambo Makhokha were charged with twelve counts of the offence of obtaining by false pretences contrary to section 313 of the Penal Code, of the Laws of Kenya. The particulars of the offences were that between August 2004 and July 2005, at Kakamega town, they jointly with others not before court, with intent to defraud, obtained cash from numerous complainants by falsely pretending they were in a position to refund the amounts with interest at 20% per month a fact they knew to be false.

Julia Adhiambo Makhokha was convicted on counts one, two, four, eight and ten and fined.

The appellant was convicted on count eight only and fined Kshs. 50,000.00 and in default to serve one-year imprisonment.

They were both aggrieved and appealed to the High Court on grounds that there was insufficient evidence before the trial court to support the convictions. Their appeals were dismissed in a judgment delivered on 26thSeptemb…

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