REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT KEHANCHA CRIMINAL CASE NO.E317 OF 2025 REPUBLIC VERSUS SAMWEL MARWA MBUSIRO alias SILVESTER GISUNTE WANTGWEGA…………………………………………ACCUSED RULING 1. The accused person has been charged in count one with the offence of obtaining money by false pretence contrary to section 313 of the Penal Code. The particulars are that the accused on the 28 th day of April 2025 at Gokeharaka village, in Kuria West Sub County within Migori County, jointly with others not before court obtained from ROBERT NDEMO MOKAYA the sum of Kshs. 1,000,000/= purporting to be in a position to sell him a parcel of land title no. BUKIRA/BWISABOKA/13057 a fact he knew to false or untrue. 2. In count two he has been charged with the offence of personation contrary to section 382(a) of the Penal Code. The particulars are that the accused on the 28th day of April 2025 at Gokeharaka village, in Kuria West Sub County within Migori County, with intent to defraud falsely presented himself to be SILVESTER GISUNTE WANTWEGA. 3. In count three he has been charged with the offence of forgery contrary to section 349 of the Penal Code. The particulars are that the accused on the KEHANCHA SPMC CR NO. E317 OF 2025 (RULING) 1
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28th day of April, 2025 at Gokeharaka village, Kuria West Sub County within Migori County, with intent to defraud presented a forged National Identity Card No. 5226639 purporting to be the national identity card of SILVESTER GISUNTE WANTWEGA. 4. In count four he has been charged with the offence of cheating contrary to section 315 of the Penal Code. The particulars are that the accused on the 28th day of April, 2025 at Gokeharaka village, Kuria West Sub County within Migori County, jointly with others not before court fraudulently deceived and obtained sum of Kshs. 1,000,000/= from ROBERT NDEMO MOKAYA by promising him that he was in a position to sell a two acre parcel of land BUKIRA/BWISABOKA/13057 and failed to do so. The Prosecution Case 5. The prosecution called Six (6) witnesses namely: 1) ROBERT NDEMO MOKAYA (complainant) (PW1) 2) BEATRICE KERUBO (PW2) 3) PENNINAH MWANGO MOKAYA (PW3) 4) EDWARD BARACK (PW4) 5) RIOBA PAUL MACHERA (PW5) 6) NO. 259700 PC BEATRICE KERUBO (PW6) 6. I have carefully considered the Prosecution evidence on record and find that a prima facie case has been established and proceed to place the Accused Person on his defence. Dated, Signed and Delivered in open Court at Kehancha on this 8 th day of September, 2026. KEHANCHA SPMC CR NO. E317 OF 2025 (RULING) 2
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J.P. NANDI SENIOR PRINCIPAL MAGISTRATE In the presence of: Mr. Kuntai………… Prosecution Counsel Ms. Mang’era/Martha.………… Court Assistant Accused …………….. Present Interpretation ……… English/Kiswahili Accused Language … Kiswahili KEHANCHA SPMC CR NO. E317 OF 2025 (RULING) 3
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