Defence submissions of a criminal case

Extract

[...] Defence submissions of a criminal case REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE'S COCURT AT NAIROBI MILIMANI LAW COURTS CRIMINAL CASE NO OF 2006 REPUBLIC PROSECUTOR JOHN MOGAMBI MOGONDO ACCUSED ACCUSED WRITTEN SUBMISSION Your Honour the Accused was arraigned in court on 18th April 2006 and he was charged with the following offence. 1. Obtaining Money By False Pretences Contrary To Section 313 Of The Penal Code: JOHN MOGAMBI MOGONDO: - On the 16th day of December 2005, at Langata Shopping Center within Nairobi Area with intent to defraud obtained Kshs. [...]

[...] On further cross examination he claimed the plot was for Kshs. 230,000/= (Kenya Shillings Two Hundred Thirty Thousand) He also denied having a business known as Kenfro Agencies and he gave the cheque to the Accused at 3.00PM at Ongata Rongai on 18th July 2005. PW3 - CHARLES BESI MATAGARO Your Honour the witness claimed that he s a brother-in law to PW2 Kepha Nyakundi Orwenyo whom he claimed was buying a piece of land measuring 100x 50ff from the Accused and the said land is alleged to be located at Ongata Rongai. [...]

[...] 400,000/= (Kenya Shillings Four Hundred Thousand) while at page 40 he claims he gave the money at Cockpit Bar in Langata Shopping Centre. The witness did not tender any document either by way of bank statement or withdraw slip to confirm that he had the money. iv. PW1 denied having been summoned to Central Police Station to record a statement in respect of the criminal case No. 2807/05. v. That no cheque was produced and PW1 confirmed that he resides at Kasarani while the complaint was lodged at Langata together with PW2. [...]

[...] She also confirmed that Accused and PW1 were conned by two people to supply spices. The prosecution did not also cross examine her. Your Honour we wish to submit on the above counts as follows: 1. COUNT NO. 1 Your Honour the prosecution has failed to prove the offence as against the Accused for the following reasons:- i. Pw1 was not able to prove that he ordered for supply of assorted computer components as no LPO or any documentary proof was tendered. ii. [...]

[...] The drawee of the cheques is Westlink My Company Ltd and payee Kimagogo Services. The witness on being cross examined denies that he had financed an order using Westlink Company to supply goods to Bizari Industries. The said witness also denied that the accused is married to his young sister. The witness also denied that he took the accused to Kilimani Police Station and later Langata Police Station. The witness further denied that he was not called upon to record a statement at Central Police Station in respect of the order to Bizari Industries. [...]