Republic v Ongeri & another (Criminal Appeal 390 of 2018) [2023] KECA 337 (KLR) (24 March 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 337
- Citation
- [2023] KECA 337 (KLR)
- Decided
- 24 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureSecond AppealCoramGithinji, S.M, Githinji, S.M, Githinji, WK KORIR
Holding
The Court affirmed the findings of the trial court and dismissed the appeal.
Facts
The appellant, Republic, appealed against the acquittal of the respondents, Samuel Ongeri and Linah Mulaki Cheywe, in the Chief Magistrate's Court for obtaining money by false pretenses.
Issues
- Whether the learned judge erred in law and fact in failing to find that the trial court did not respondents.
- Whether the learned judge erred in law and fact in failing to order a retrial.
Reasoning
The Court found that the appellant's case was riddled with inconsistencies and contradictions, and the findings of the trial court were based on evidence and not misapprehension.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Criminal Procedure Code
Cases cited (1)
- Republic v Danson Mgunya [2016] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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