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Mbogo v. R. Crime. App. 462 – M – 70, 18/11/70, Kisanga Ag. J.

 


Mbogo v. R. Crime. App. 462 – M – 70, 18/11/70, Kisanga Ag. J.

The appellant was convicted giving false information to a person employed in the public service c/s 122(a) of the Penal Code. The person to whom the information was alleged to be given testified that he was employed by the manager of the National Development Corporation.

            Held: (1) “A person appointed by the Manager or General Manager of the National Development Corporation who is himself appointed by the Corporation in accordance with provisions of paragraph 20(1) of the schedule to the National development corporation Act No. 20 of 1962 is not a “person employed in the public service” as that term is defined in section 5 of the Penal Code.” (2) Appeal allowed.

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