STANLEY MAOCHA MAIRURA V. REPUBLIC

JUDGMENT OF THE COURT

The appeal of STANLEY MAOCHA MAIRURA, alias Tom Omurwa Makori, the appellant herein, is only on the legality of the sentences imposed on him, first by the Senior Resident Magistrate at Kapsabet, and subsequently by the High Court (Mwilu, J) on the first appeal to that court. On 26^th July, 2006, the appellant appeared before the magistrate and denied a total of twelve counts under the Penal Code. Counts 1 and 9 charged him with personation contrary to Section 382 of the Code. Counts 2 and 10 concerned making a false document contrary to Section 347 of the Code. Counts 3, 5, 7, 11 and 12 concerned uttering of false documents contrary to Section 353 of the Code. Finally, counts 4,6 and 12 were about obtaining money by false pretences contrary to Section 389 of the Code. At first, the appellant pleaded not guilty to all the charges, but on 15^th November, 2007, he indicated to the trial magistrate that he wished to change his plea and admit all the charges. The matter …