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…Mr Harwood submitted that this was not applicable to criminal cases, since the State must certainly be able to prosecute on the basis of fraud or mistake. It was the truth behind the document that mattered.…

…In this case however, Gitonga does not allege a criminal fraud upon himself.…

…From the record there is no complaint that there was any breach of those conditions or fraud.…

…Firstly, no fraud, misrepresentation and concealment has been proved.…

…It follows that we nd no merit in the appellant’s persistence in challenging the nding that he was involved in the fraud. 4. It remains, however, to make one clarication.…

…There also must be a knowledge on the appellant’s part of such fraud. From the evidence before the Court and the submission used – the petition of appeal does not question the fakeness of the dollars.…

…From the evidence of PW1 no fraud on the part of the Appellant is shown. PW1further admits Appellant had his permission to use the items while in his employment.…

…It follows that we nd no merit in the appellant’s persistence in challenging the nding that he was involved in the fraud. 4. It remains, however, to make one clarication.…

…In any event, whether a defence is harsh or unconscionable or an engine of fraud - to use the words often applied to defences relying upon the failure to obtain consent of the Land Control Boards where required - if it is…

…He stated that the three cases are similar; that they were investigated by the Banking Fraud Investigations Department (BFID); and that they were preferred against the applicant on different dates between 25rh April and 6th…

…It is sad, perhaps, that, under section 143 (1) of the Registered Land Act cap 300 no order can be made to rectify a first registration on the ground of fraud or mistake, but that is irrelevant to the question which we have…

…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…

…Fraud was not pleaded and the evidence does not support it. Munini and Musangi were not saying Nzambi tried to defraud them of their inheritance but that she had no right to a share in Kituu’s estate.…

…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…

…He stated that the suit properties do not belong to the Petitioner and thus it was trying to obtain court orders by fraud.…

…Examples of facts which cannot be perceived by the senses are intention, fraud, good faith and knowledge. Facts can be directly perceived either with or without the intervention of senses.…