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…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”.…

…As already stated the appellant was convicted on the second count of forgery. Mr Gatimu, the learned counsel for the appellant presented to us what may be described, a novel argument.…

…He submitted that if a person is acquitted if forgery he cannot be found guilty of uttering a false document. There is no substance in this submission.…

…That under Criminal Case No.1030/03 the applicant is facing charges for the offences of stealing with an alternative count of handling stolen goods; forgery; uttering false documents; making a false document; and that the…

…That under Criminal Case No.1387/03 he is facing forgery charges and the aggregate amount allegedly involved is Shs.100,000/= while the bond terms amount to Shs.200,000/=.…

…Forgery contrary to section 349 of the Penal Code. 2. Uttering false documents contrary to section 353 of the Penal code. 3. Obtaining by false pretences contrary to section 313 of the Penal Code.…

…Learned Senior State counsel, Mar Harwood did not support convictions on the forgery and utterings, counts, properly so in view, for the simple reason that they were defective having changed the foring and uttering of three…

…Forgery contrary to section 349 of the Penal Code. 2. Uttering false documents contrary to section 353 of the Penal code. 3. Obtaining by false pretences contrary to section 313 of the Penal Code.…

…Learned Senior State counsel, Mar Harwood did not support convictions on the forgery and utterings, counts, properly so in view, for the simple reason that they were defective having changed the foring and uttering of three…

…It is not his document, it is false, a fabrication and a forgery. He has in fact lodged a complaint with the police so that they may investigate.…

…In the pleadings there are no allegations of forgery against the 3rd defendant Mrs Gladys Boss Shollei.…

…He also admitted to have been arrested and prosecuted together with another man for offences of forgery in relation to the form which was purportedly completed by Mr Gital’s Company (the second defendant).…

…That was the occasion when he should have endeavoured to annul the document on the ground that, it too, was a forgery.…

…The appellant was acquitted of the counts charging him with the theft of the cheque leaves, the forgery and the uttering of the forged cheque; and, no nding was made on count 5 charging him with theft of the sum withdrawn…

…compared with those in Form 38C and the said Form 38B is not the prescribed Form and is not signed by any of the candidates or agent and was not issued to the petitioner and the 3rd Respondent or their agents making it a forgery…

…compared with those in Form 38C and the said Form 38B is not the prescribed Form and is not signed by any of the candidates or agent and was not issued to the petitioner and the 3rd Respondent or their agents making it a forgery…

…compared with those in Form 38C and the said Form 38B is not the prescribed Form and is not signed by any of the candidates or agent and was not issued to the petitioner and the 3rd Respondent or their agents making it a forgery…

…compared with those in Form 38C and the said Form 38B is not the prescribed Form and is not signed by any of the candidates or agent and was not issued to the petitioner and the 3rd Respondent or their agents making it a forgery…

…In the case of Hassan Salum v Republic [1964] EA 126 the appellant was charged with forgery, uttering a forged document and stealing.…