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SAMUEL KIBET MIBEI
V.
REPUBLIC

(2021) JELR 113746 (CA)

Court of Appeal 3 Dec 2021 Kenya
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Case Details

Suit Number:CRMINAL APPEAL NO. 123 OF 2018
Judges:HANNAH OKWENGU, JA S. GATEMBU KAIRU, JA JAMILA MOHAMMED, JA
Location:Nairobi

JUDGMENT

  1. Samuel Kibet Mibei (appellant) was tried and convicted by the Principal Magistrate’s Court at Nairobi on two counts of the offence of making a document without authority contrary to section 357(a) of the Penal code, two counts of the offence of uttering a document with intent to defraud contrary to section 353 of the Penal Code, one count of handling stolen goods contrary to section 322(2) of the Penal Code, and one count of obtaining money by false pretenses contrary to section 313 of the Penal Code. He was sentenced to serve one-year imprisonment in respect of each count, which sentences were to run concurrently.

  2. The appellant’s first appeal to the High Court was dismissed by Kimaru, J. who upheld the findings of the trial court. The appellant is now before us in this second appeal in which he has raised 6 grounds. In a nutshell the appellant faults the learned Judge of the first appellate court for: failing to consider the provisions of section 357 of the Penal Code and upho…

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