[2015] KEHC 1238 (KLR)
The court found that the appellants were properly convicted on their own plea of guilty after the charge and facts were read to them in Swahili, a language they understood. The facts presented by the prosecution disclosed the offence charged. The sentence of one and a half years imprisonment was well within the...
Source-derived case information.
- Citation
- [2015] KEHC 1238 (KLR)
- Parties
- Appellant: Abdalla Ali Omar; Appellant: Hassan Athuman Kilalo; Appellant: Rehema Jackson Mangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 136 of 2014
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; conviction and sentence upheld
- Judges
- GO Shikwe
- Legal Topics
- False Statement, Register of Births, Plea of Guilty, Sentencing, Fair Hearing, Penal Code Section 363
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdalla Ali Omar
Appellant
Hassan Athuman Kilalo
Appellant
Rehema Jackson Mangi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed was excessive and harsh.
- 2 Whether the appellants were accorded a fair hearing.
- 3 Whether the facts presented supported the particulars of the charge.
Ratio Decidendi
The court found that the appellants were properly convicted on their own plea of guilty after the charge and facts were read to them in Swahili, a language they understood. The facts presented by the prosecution disclosed the offence charged. The sentence of one and a half years imprisonment was well within the statutory maximum of three years provided under section 363 of the Penal Code. There was no evidence of procedural irregularity or unfairness in the proceedings. Consequently, there was no basis to interfere with either the conviction or the sentence imposed by the trial court.
Court Disposition
appeal dismissed; conviction and sentence upheld
Orders
- The appeal is dismissed.
- The conviction and sentence imposed by the trial court are upheld.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 136 OF 2014
1. ABDALLA ALI OMAR
2. HASSAN ATHUMAN KILALO
3. REHEMA JACKSON MANGI….........….........................…. APPELLANTS
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 842 of 2014 of the Principal Magistrate's Court at Kwale – Hon. Njagi - RM)
JUDGMENT
The three Appellants were each Convicted and Sentenced to one and a half years imprisonment without an option of fine for the offence of making a false statement for insertion in register of births contrary to section 363 of the Penal Code.
The particulars of the offence were that:-
“On the 19th day of March, 2014 at Kwale District Registrar of births and deaths office Kwale County, jointly, with others not before the Court knowingly and with the intent to have it inserted in the register of births made a false statement to the effect that MIJUMAA JUMA MWAMNWADZI was the biological mother of REHEMA JACKSON MANGI a fact they knew to be false”.
They all pleaded guilty to the charge and were Convicted on their own plea.
The grounds of appeal is that the Sentence was excessive and harsh.
Secondly, that they were not accorded a fair hearing and that the facts did not support the particulars of the charge.
I have perused the records of proceedings and its clear that the charges were read to the Accused person sin Swahili language. The facts were read to them also in Swahili language. They each admitted that the facts were correct and they were accordingly Convicted. I have read the facts that were presented by the prosecution and I am satisfied that they disclose the offence charged against the three appellants.
Section 363 of the Penal Code provides for a Sentence of three (3) years. The Sentence of 1 ½ years therefore cannot be said to be excessive and harsh.
I find no good reason to interfere with both the Conviction and the Sentence. The appeal is dismissed. Conviction and Sentence upheld.
Judgment delivered, dated and signed this 18th day of November, 2015.
…................
M. MUYA
JUDGE
18TH NOVEMBER, 2015
In open Court in the presence of:-
Learned Counsel for the prosecution
Learned Counsel for the Appellants
Court Assistant
M. MUYA – JUDGE
18/11/2015