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Kenya decisions
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Rateng & 2 others v Republic [2025] KEHC 10534 (KLR)
The High Court allowed a criminal appeal, quashing convictions for obtaining money by false pretence after finding no proof the appellants received the alleged compensation.
Omwanda v Republic [2025] KEHC 8199 (KLR)
The High Court allowed a consolidated criminal appeal over allegations of obtaining by false pretence in land sales, quashing the convictions and setting aside the sentences.
Republic v Angwete & another [2025] KEHC 7994 (KLR)
The High Court found that the prosecution failed to establish a prima facie case against the respondents for the offence of obtaining money by false pretence. The evidence did not link the respondents, particularly Peter Delumana, to the funds received or to any false representation made to the complainant. No authenticated communication, sale agreement, or documentation was produced to connect the respondents to the alleged fraudulent transaction. The prosecution's case was disjointed, lacked corroboration, and failed to demonstrate any nexus between the respondents and the offence. Accordin…
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Mureithi alias Moses Muchira Kabuthia v Republic [2025] KEHC 7061 (KLR)
The High Court upheld convictions for obtaining money by false pretence and personation in a land fraud appeal, but reduced the personation sentence to a fine or default imprisonment.
Republic v Mwove [2025] KEMC 112 (KLR)
The court found no prima facie case for obtaining by false pretence and acquitted the accused under section 210, holding the dispute was civil in nature.
Republic v Mutua alias Joseph Mutua Nguli [2025] KEMC 102 (KLR)
The court acquitted the accused of obtaining money by false pretence, finding that the prosecution failed to link him to the phone number that received the funds.
Morwabe v Republic [2025] KEHC 5101 (KLR)
The High Court revised a sentence for obtaining money by false pretence and replaced the remaining custodial term with a three-month community service order.
Republic v Nyamu [2025] KEMC 42 (KLR)
The accused person is acquitted because the prosecution failed to prove beyond reasonable doubt that the accused obtained goods by false pretence, as the alleged false pretence related to a future promise to pay, which does not constitute a false pretence under the law, and the dispute appeared to be a civil matter inappropriately pursued through criminal proceedings.
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Kikwau v Republic [2024] KEHC 14363 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the appellant impersonated government officials, used forged documents, and obtained money by false pretence. The evidence included testimony from victims and law enforcement, documentary proof of forged certificates and stamps, and financial records confirming the fraudulent transactions. The appellant's defence was found to be unconvincing and did not rebut the prosecution's case. On sentence, the court held that although the offences were serious, the appellant was a first offender and a young adult, and that a rehabi…
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Musee v Republic [2024] KEHC 12522 (KLR)
The High Court found that the prosecution proved all elements of obtaining money by false pretence against the appellant. The evidence established that the appellant, through misrepresentation and with intent to defraud, obtained Ksh. 2,350,000 from the complainant by falsely representing that he could sell a parcel of land he did not own. The court found the appellant's defence to be an afterthought and unsupported by evidence. The trial court properly acquitted the appellant on charges not proved but correctly convicted him on the counts of obtaining by false pretence. The sentence imposed,…
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