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
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.