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Solomon Onyango Konde v. Republic

(2011) JELR 96376 (CA)

Court of Appeal  •  Criminal Appeal 7 of 2010  •  23 Jun 2011  •  Kenya

Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Joseph Gregory Nyamu



The appellant herein was convicted on his own plea of guilty by the Senior Resident Magistrate’s Court at Bondo (E. Olwande, Ag. SRM) on 10 counts ranging from stealing, forgery, uttering a false document, obtaining and attempting to obtain by false pretences and handling stolen property, contrary to various sections of the Penal Code, and sentenced to three years imprisonment on each count, all to run concurrently.

Briefly, the facts leading to the convictions are that the complainant, Mark Milingo Onimbo, a student at Makerere University, and a resident of Makasembo Estate in Kisumu, lost his wallet containing Shs.1500 in cash, his ID card, and several ATM cards, including one issued by the Kenya Commercial Bank (KCB), soon after he had dropped his mother to the Kisumu stage, on 2nd January, 2009.

Some five days later, on 6th January,2009, the appellant went to KCB and attempted to withdraw Shs.15,000/- using the complainant’s ATM and ID cards, but did not succeed…

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