Case law
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Division and case type: CriminalCriminal Appeal
…RESPONDENT J U D G M E N T CORAM O’KUBSU J D N Ngatia for Appellant C W Gtonye (Principal State Counsel) for Respondent J U D G M E N T The appellant was convicted on the following two counts: - (i) Forgery contrary to section…
…The learned Resident Magistrate gave reasons why he reached his conclusion Section 345 of the Penal Code provides:- “Forgery is the making of a false document with intent to defraud or to deceive”.…
Division and case type: High Court CriminalCriminal Appeal
…According to the respondents the consequences of the forgery were foreseeable and the appellant must be held accountable. 41.…
…Thus the elements of forgery are:-i. False making of – The person must have taken paper and ink and created a false document from scratch. Forgery is limited to documents.…
Division and case type: High Court CriminalCriminal Appeal
…Section 345 of the Penal Code defines forgery as the making of a false document with intent to defraud or to deceive. 13.…
…The said documents were thus forgeries. 17.…
Division and case type: High Court CriminalCriminal Appeal
…Whether the 3 counts of the charge of forgery were proven to the required standard. Section 349 of the Penal Code provides for the punishment of the offence of forgery as follows: - 349.…
…General punishment for forgery Any person who forges any document or electronic record is guilty of an offence which, unless otherwise stated, is a felony and he is liable, unless owing to the circumstances of the forgery…
Division and case type: CriminalCriminal Appeal
…In his defence, the appellant maintained that the questioned photocopy of the certificate S/No NAC/5202 was not a forgery.…
…The learned trial magistrate in a carefully written judgment considered the above issue and was satisfied that the said certificate was a forgery. I agree with him.…
Division and case type: High Court DivCivil Appeal
…Thus, the elements of forgery are:- False making of – The person must have taken paper and ink and created a false document from scratch. Forgery is limited to documents.…
…A charge of forgery would be that the signature on the document was not that of the deceased.…
Division and case type: High Court CriminalCriminal Appeal
…Section 345 of the Cap 63 Laws of Kenya Penal Code defines the offence of Forgery thus “Forgery is the making of a false document with intent to defraud or to deceive.” 35.…
…Thus the elements of forgery are:- False making of – The person must have taken paper and ink and created a false document from scratch. Forgery is limited to documents.…
Division and case type: High Court CivilCivil Appeal
…Before the trial civil court, it was the 1st respondent claiming Kshs. 2,448,000.00 had been negligently withdrawn from his account, by tricks, forgery, collusion of bank employees, failing to install the CCTV cameras to…
…The evidential burden, that was on him, was to shift to the appellant, only upon evidence being adduced, on a balance, that there were tricks, forgery and dishonesty of employees. 9.…
Division and case type: CriminalCriminal Appeal
…"Forgery" is defined under section 345 of the Penal Code thus: "Forgerry is the making of a false document with intent to defraud or to deceive."…
…In absence of such evidence it cannot be said that every element of the charge of forgery was established to the standard required in a criminal case. It is therefore our view that Mr.…
Division and case type: High Court CriminalCriminal Appeal
…Section 350 of the Penal Code provides the punishment for specific types of forgery as: 350.…
…Thus, the elements of forgery are:- i. False making of - The person must have taken paper and ink and created a false document from scratch. Forgery is limited to documents.…
Division and case type: High Court DivCriminal Appeal
…The offence of forgery is provided for in the Penal Code as follows: s. 345: Forgery is the making of a false document with intent to defraud or to deceive. s. 347: Any person makes a false document who— (a)makes a document…
…Thus, the elements of forgery are: - i. False making of- The person must have taken paper and ink and created a false document from scratch. Forgery is limited to documents.…
Division and case type: High Court DivCriminal Appeal
…The offence of forgery is provided for in the Penal Code as follows: s. 345: Forgery is the making of a false document with intent to defraud or to deceive. s. 347: Any person makes a false document who— (a)makes a document…
…Thus, the elements of forgery are: - i. False making of- The person must have taken paper and ink and created a false document from scratch. Forgery is limited to documents.…
Division and case type: High Court CriminalCriminal Appeal
…Regarding Counts 3, 6, 9 and 12 – Forgery 17. The Appellant submitted that the prosecution failed to prove the offence of forgery contrary to section 349 of the Penal Code.…
…Without such evidence, the offence of forgery cannot be sustained.” 22.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Respondent denies the allegation of forgery.…
…We start by saying that it was the respondent who was alleging that the will was a forgery and the burden to prove that allegation lay squarely on him.…
Division and case type: High Court DivCivil Appeal
…The respondent is the 2nd petitioner in Sirisia SPMC Succession Cause No. 14 of 2020 is facing a criminal charge of forgery in Criminal Case No. E258 of 2023.…
…While it is not rebutted that there is criminal case pending before the court where the 2nd petitioner is charged for an offence of forgery and while it is not rebutted that indeed there was such forgery during the institution…
Division and case type: High Court CriminalCriminal Appeal
…The court in the case of Elizabeth Achieng Nyanya v Republic HCCRA No 123 of 2017 (Siaya) where it was stated: “The operative word here is forgery, as the word suggests the name forgery means fake i.e. not real.…
…That the forgery is by the accused person;iv. That the accused person knows that the document or writing is false;v.…
Division and case type: CriminalCriminal Appeal
…NO. 7 OF 1994) *********************** JUDGMENT OF THE COURT The appellant Daniel Kamau Nganga was, on the 8th day of October, 1993, convicted of five counts, namely, stealing contrary to section 275 of the Penal Code, forgery…
…The learned state counsel Miss Ndirangu concedes that the appeal should not have been summarily rejected and she further drew our attention to there being no evidence of an expert witness in relation to the count on forgery…
Division and case type: High Court CivilCivil Appeal
…It was submitted that the appellant was not bound by the signature affixed on the second agreement any more than he is bound by a forgery.…
…The appellant’s response and testimony in court was that the aforementioned agreement was a forgery as he never signed it and that the signature therein was thus a forgery.…
Division and case type: High Court CriminalCriminal Appeal
…The seriousness of the offence of forgery, particularly forgery of a document of title to land such as the one Appellant before you was charged with and convicted for, is to be found in Section 350 (1) of the Penal Code.…
…Count 2 was that of Forgery of a document of the title deed to land contrary to section 350 (1) of the penal Code. 17.…
Division and case type: High Court CriminalCriminal Appeal
…The appellant was charged with the following counts: COUNT 1 FORGERY CONTRARY TO SECTION 345 AS READ WITH SECTION 349 OF THE PENAL CODE.…
…The appellant contends that the admission by P5 rendered the case against the appellant on the charge of forgery and making a false document. 27.…