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MagistrateDismissedCriminal Case No E558 of 2025· [2026] KEMC 499 (KLR)

Republic v Miriti (Criminal Case E558 of 2025) [2026] KEMC 499 (KLR)

Magistrates' Court (Criminal)
13 May 2026
TWTracy Wachira
1,778 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court acquitted a trader accused of obtaining goods by false pretences, ruling that a promise of future payment is not a crime.

What this practically means

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Executive summary

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This is a first-instance criminal ruling delivered at Chuka by Hon. Tracy Wachira (RM) on 13 May 2026 in a charge of obtaining money by false pretences contrary to Section 313 of the Penal Code. The particulars alleged that on 13/02/2025 at Chogoria Town, the accused, with intent to defraud, obtained 30 bags of 50kg sugar and 80 bags of 25kg rice valued at Kshs.381,000/- from Kenson Mugambi (the complainant, a director of Gambi Stores) under the pretence that he was in a position to pay for the goods. The prosecution called two witnesses: PW1, the complainant, who confirmed a prior business relationship and an invoice issued on 13/02/2025; and PW2, the investigating officer, who produced the invoice and arrested the accused at Igoji market. Neither party filed submissions. The court framed one issue: whether the prosecution had proved its case to the required standard. Relying on the definition of false pretence in Section 312 and authorities including Gerald Ndoho Munjuga, R v Dent, Abdallah v Republic, Ruchachu v DPP and Mcghie, the court held that the alleged pretence concerned future payment, which cannot amount to a false pretence, that PW1 contradicted PW2 on how the goods were acquired, and that the dispute is essentially civil. The prosecution failed to establish a prima facie case, and the accused was acquitted under Section 210 of the Criminal Procedure Code. No costs order was made.

Key legal issues

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01

Whether the elements of obtaining by false pretences under Section 313 of the Penal Code were established

Holding

The element of a past or present false representation failed because the agreement was that payment would be made after delivery; the pretence alleged was as to future payment.

Reasoning

The complainant testified that the accused was issued an invoice and that payment was to follow delivery of the goods. That is a representation about future conduct, which the authorities (R v Dent, Abdallah v Republic) say cannot amount to a false pretence. The complainant also contradicted the investigating officer on how the accused acquired possession, undermining the prosecution case.

p. 3
02

Whether the criminal case was a proper prosecution or a civil dispute clothed in criminal process

Holding

The dispute is civil in nature and the criminal charge was an abuse of process; the remedy lies in a civil court.

Reasoning

The parties had an ongoing business relationship, goods were supplied on credit terms, and the complainant's grievance was non-payment. Following Ruchachu v DPP, Odunga J and Mcghie, the court found the prosecution intended to bring pressure to settle a civil dispute, which courts must halt.

p. 4

Legal principles established

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  • A representation as to a future event cannot support a charge of obtaining money by false pretences; a false pretence must relate to a past or present fact.
  • Creating an offence out of a purely civil arrangement is an abuse of the criminal process.

Court orders

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  1. 1.Accused acquitted under Section 210 of the Criminal Procedure Code for having no case to answer

Authorities

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Legislation

  • Penal CodeSection 312
  • Penal CodeSection 313
  • Criminal Procedure CodeSection 210

Cases cited (9)

  • Gerald Ndoho Munjuga vs Republic
    [2016] eKLR
  • Dr Edwin U. Onwudiwe vs Federal Republic of Nigeria
  • Joseph Wanyonyi Wafukho V Republic
    Bungoma CR.A No. 200 of 2021 [2014] eKLR
  • Mathlida Akinyi Oware V Republic
    [1989] eKLR
  • R. V. Dent
    [1975] 2 All E.R. 806
  • Abdallah V Republic
    [1970] E.A. 657
  • Peter Macharia Ruchachu v Director of Public Prosecution & another
    [2014] eKLR
  • Republic v Director of Public Prosecutions & Chief Magistrate's Court, Milimani
    [2017] eKLR
  • Andrew Mcghie v Catherine Wembridge Baumgarten & 5 others
    [2016] eKLR
Jurisdiction invoked
First-instance criminal trial; Penal Code Section 313 and Criminal Procedure Code Section 210

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Miriti (Criminal Case E558 of 2025) [2026] KEMC 499 (KLR)", Case Analysis (2026). Criminal Case No E558 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/499/eng@2026-05-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.