JUDGMENT
July 1989, the following Judgment of the Court was delivered.
In their judgments both the trial court and the High Court on appeal concurred in finding that the appellant, David Mbua Kagiri, using an alias as David Mwai Waweru with another person not before the court opened a bank account with the Bank of Credit and Commerce International Ambalal House Branch, Mombasa in the firm name of Kwake Enterprises.
The courts further found that a forged cheque for Shsh 422,980 was paid into that account and that the appellant and his co-proprietor of Kwake Enterprises drew several cheques whereby virtually all that money was withdrawn when they had no right to it. On the basis of these findings the trial court convicted the appellant of the offence of obtaining money by false pretences contrary to section 313 of the Penal Code. However on appeal the High Court quashed that conviction arguing that as no specific individual at the bank was alleged to have been deceived the conviction could…