KCC 716/2017
This case involved what was required in order for the crime of forgery to exist.
Background
The office of public prosecution had accused two defendants of forging formal documents and tamps of a ministry and public servants. The office also accused the defendants of seizing money using fraudulent means. The office requested the court to penalise the defendants according to the relevant laws.
The court ruled that the two defendants should be imprisoned for three years each. The court ruled that the second defendant should be deported from the country after the execution of the ruling. The court ruled that the forged documents and stamps should be confiscated.
The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The defendants appealed the ruling before the court of cassation. They said in their grounds of appeal that the ruling had erred in the application of law. They said that the elements of the crime had not existed in their case.