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Simon Wanyiri Kahira v. Republic

(1996) JELR 95214 (CA)

Court of Appeal  •  Criminal Appeal 18 of 1996  •  16 May 1996  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

The appellant, Simon Wanyiri Kahiga, appeals this Court a second time. He was tried and convicted by the Resident Magistrate at Karatina on a total of six counts. Two of those counts charged him with personating a public officer contrary to section 105, one with false assumption of authority contrary to section 104, one with making a document without authority contrary to section 357(a) and two others with obtaining by false pretences contrary to section 313, all being under the Penal Code. Upon being convicted by the magistrate, the appellant was sentenced to two years imprisonment on the first four counts and one year imprisonment on the last two. The magistrate ordered that the sentences in counts one and two were to run concurrently, those in counts three and four were also to run concurrently while those in counts five and six were to run consecutively. Since the magistrate did not order that the sentences in counts one and two were to run concurrently with t…

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