REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE'S COURT AT NAKURU CRIMINAL CASE NO 311 OF 2014 REPUBLIC PROSECUTOR VRS ESTHER WAITHERA ACCUSED RULING 1. Having gone through the entire case for the prosecution, I have come to the conclusion that a prima facie case has been disclosed with respect to the offence in the second count only. 2. The count contains the offence of obtaining money by false pretence contrary to section 313 of the Penal Code. It is alleged that on the 31/10/2012 at Soilo Nakuru Njoro junction in Nakuru District within Nakuru County with others not before court and with intent to defraud the accused obtained kshs.500,000/= from DAMARIS NJERI KIBE by falsely pretending that she could sell her a piece of land plot No.Nakuru/Municipality block 30/175 and fact she knew to be false. 3. I do therefore call upon the accused person to make her defence with regards to that count pursuant to the previsions of section 211 criminal procedure code.
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1 4. I however do not find such a case disclosed with respect to the offence in the 1st count. So as not to prejudice, affect or otherwise influence the defence in the 2nd count. I shall reserve my reason for the finding herein and include them in my final judgment after the close of the defence. 5. The accused person is however hereby acquitted of the offence of making a false document contrary to section 347(a) of the penal code upon dismissing the charge therein pursuant to the provisions of section 210 criminal procedure code. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU IN OPEN COURT THIS 4TH DAY OF AUGUST 2026 ALOYCE PETER NDEGE SENIOR PRINCIPAL MAGISTRATE 2
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