Omari s/o Juma Mkindo v. R., Crim. App. 289-D-68, 14/9/68, Duff J.

Omari s/o Juma Mkindo v. R., Crim. App. 289-D-68, 14/9/68, Duff J.

Accused was convicted on several counts of fraudulent false accounting c/s 317 (c), Penal Code. In each count, however, the words “with intent to defraud” were omitted from the particulars.

            Held: A charge of false accounting which does not specifically aver an intent to defraud “discloses no offence at law, and is not merely an irregular or defective charge which can be put right by the application of section 346 of the Criminal Procedure Code.” (Citing Terrah Mukindia v. R. (1966) E.A. 425, 429; Matu Gichumu v. R. (1951) E.A. 311) Convictions quashed.