Republic v Chacha & another

Uttering document with intent to defraud/deceive contrary to section 357(b) of the Penal Code. The particulars are that the accused persons on 24th day of April, 2024, at Kehancha Survey Oce, in Kuria West Sub County within Migori County, with others not before court with intent to deceive/ defraud land title number BUKIRA/ BUHIRIMONONO/56 approximately valued at Kshs. 64,000,000/= knowingly uttered mutation form 0000077200, purporting it to be appended thumb print by JOHN CHACHA MAROA without lawful authority. Count Four Uttering document with intent to defraud/deceive contrary to section 357(b) of the Penal Code. The particulars are that the accused persons on 24th day of April, 2024, at Kehancha Survey Oce, in Kuria West Sub County within Migori County, with others not before court with intent to deceive/ defraud land title number BUKIRA/ BUHIRIMONONO/56 approximately valued at Kshs. 64,000,000/= knowingly uttered application for consent of land control board, purporting it to be appended thumb print by JOHN CHACHA MAROA without lawful authority. Count Five Disobeying a lawful order contrary to section 131 of the Penal Code. The particulars are that the accused persons on the diverse dates between 15th day of January, 2024 and 24th April 2024, in Kuria West Sub County within Migori County, with others not before court did disobey certicate of grant dated 6/12/2011 issued by Senior Resident Magistrate Kehancha Law Court in respect of Succession No. 36 of 2010. Count Six Intermeddling with the property of a deceased person contrary to section 45(1) as read with section 45(2) of the Law of Succession Act. The particulars are that the accused persons on the diverse dates between 15th day of January 2024 and 24th April 2024 in Kuria West Sub County within Migori County, with others not before court did unlawfully intermeddle with the free property of the late CHACHA MAROA NGOCHO parcel of land known as BUKIRA/BUHIRIMONONO/56 valued at Kshs. 64,000,000/= with intent to have it subdivided into six portions without lawful authority. Count Seven Personation contrary to section 382 of the Penal Code. The particulars are that the accused persons on the 15th April 2024 at Kehancha Survey Oce, in Kuria West Sub County within Migori County, with others not before court with intent to defraud falsely represented yourself to be JOHN CHACHA MAROA without lawful authority. Count Eight Personation contrary to section 382 of the Penal Code. The particulars are that that the 2nd accused on 15th April, 2024 at Juliko Geospartial Consultants Survey Oce, in Suna East Sub County within Migori County, with intent to defraud falsely represented yourself to be registered licensed surveyor without lawful authority. 2. After the full trial of the case the accused persons were found guilty and convicted in counts one, two, three, four, ve and six. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/831/eng@2026-08-18 2

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3. This matter was slated for sentencing on 23/6/2026 but the second accused did not attend court. His counsel requested for another date as she said she was informed accused was coming to court. The matter was then xed for sentencing on 25th June, 2026 the 2nd accused did not attend court and his counsel told the court that she had not been able to reach out to her client. A warrant of arrest was issued and sentencing was deferred to 30/6/2026 again the 2nd accused did not attend court; his counsel again informed the court that she was unable to reach out to the 2nd accused. The sentence was delivered as against the 1st accused and held in abeyance as against the 2nd accused who was absent. Summons was issued against the surety for 2nd accused who attended court on 14/7/2026 and requested for 30 days to look for the 2nd accused. 4. On 13/8/2026 the accused was brought to court under warrant of arrested, the matter was slated for 17/8/2026 after the accused was treated. The counsel for the 2nd accused informed the court that the accused had not supplied her with any medical documents to show he was hospitalized for the period he absconded court. The prosecution and counsel acting for the complainant submitted that the 2nd accused had not given a satisfactory explanation as to why he failed to attend court. 5. I do agree with the prosecution and counsel acting for the complainant that the 2nd accused has not given any satisfactory explanation as to why he failed to attend court. Though the court had held earlier that he would have beneted from a non-custodial sentence, he has demonstrated that he cannot benet from the same as he absconded to attend court for sentencing. In the circumstances the court has no option but to impose a custodial sentence. I hereby sentence the 2nd accused to serve 3 years imprisonment in respect of each in count one, two, three and four and 1 year in respect of each count ve and six. The sentence to run concurrently. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KEHANCHA ON THIS 18TH DAY OF AUGUST, 2026 VIRTUALLY VIA MICROSOFT TEAMS. J.P. NANDI SENIOR PRINCIPAL MAGISTRATE In the presence of: Ms. Thyaka ………… Prosecution Counsel Mr. Enock/Mang’era………… Court Assistant 2nd Accused …………….. present Interpretation ……… English/Kiswahili Accused Language … Kiswahili 2nd Accused Advocate……Ms. Ndegwa present Advocate for complainant….Mr. Chacha present https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/831/eng@2026-08-18 3

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