[1989] KECA 19 (KLR)
The Court of Appeal found no reason to disturb the concurrent findings of the lower courts that the appellant was not entitled to the payment and that the cheque in question was not payable to him but to Kisii Farmers Co-operative Union. The appellant's defence was adequately considered and found unconvincing. The...
Source-derived case information.
- Citation
- [1989] KECA 19 (KLR)
- Parties
- Appellant: Nyakenya; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 167 of 1988
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Judges
- EN Juma
- Legal Topics
- Fraudulent Obtainment, Cheque Offences, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyakenya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant was entitled to the payment in question.
- 2 Whether the appellant's explanation was credible and should have been believed by the lower courts.
Ratio Decidendi
The Court of Appeal found no reason to disturb the concurrent findings of the lower courts that the appellant was not entitled to the payment and that the cheque in question was not payable to him but to Kisii Farmers Co-operative Union. The appellant's defence was adequately considered and found unconvincing. The evidence on record was sufficient to support the conviction, and the appellant's explanation did not raise reasonable doubt as to his guilt. Accordingly, the appeal was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
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