JUDGMENT OF THE COURT
Joseph Ndirangu Ndiangui, the appellant herein, was charged before the Resident Magistrate’s Court at Nyeri with the offence of impersonation contrary to section 382 (2) of the Penal Code in Count 1, and obtaining by false pretences contrary to section 313 of the Penal Code in Count 2. The particulars of the charge against the appellant according to the charge sheet were as follows:
Count 1: “On the 15th day of May, 2001, at Nyeri Lands Office, in Nyeri District within Central Province, with intent to defraud obtained a title deed for Tetu/Muthuaini/391 from land Registrar by falsely pretending that he was the right person to acquire the said Title Deed for the said parcel No. Tetu/Muthuaini/391which had been earlier bought by Ndirangu Macharia from Njuguna Karuiru.”
Count 2: “On the 15th day of May, 2001 at Nyeri Lands Office in Nyeri District of Central Province, with intent to defraud obtained a title-deed for Tetu/Muthuaini 391 from the Land Registrar by falsely…