Case Metadata |
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| Case Number: | Criminal Appeal 167 of 1988 |
|---|---|
| Parties: | Nyakenya v Republic |
| Date Delivered: | 10 Apr 1989 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Kisumu |
| Case Action: | Judgment |
| Judge(s): | Johnson Evan Gicheru, Richard Otieno Kwach, James Onyiego Nyarangi |
| Citation: | Nyakenya v Republic[1989] eKLR |
| Court Division: | Criminal |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL
AT KISUMU
(Coram:nyarangi, JA, Gicheru & Kwach, Ag JJA)
CRIMINAL APPEAL NO 167 OF 1988
NYAKENYA......................................APPELLANT
VERSUS
REPUBLIC...............................................DEFENDANT
JUDGMENT
April 10, 1989, Nyarangi, JA, Gicheru & Kwach, Ag JJA, delivered the following judgment.
In this second appeal, there is no basis for doubting the lower court’s concurrent findings that the appellant was not entitled to the payment. The appellant’s defence was fairly and adequately considered. The urging that the appellant’s explanation ought to have been believed is not sustainable.
In the instant case, the cheque was payable, not to the appellant but to Kisii Farmers co-operative Union. We say there was sound evidence in support of the convictions. The appeal fails and is dismissed. That is the order of the court.
Delivered at Kisumu this 10th day of April, 1989,
NYARANGI
.............................
JUDGE OF APPEAL
GICHERU & KWACH
.............................
AG.JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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