[2006] KEHC 3008 (KLR)
The court found that the appellant, having pleaded guilty to forgery, uttering a false cheque, and attempting to obtain money by false pretences, had abused a position of trust to attempt to steal a substantial sum from his employer. The sentence of three years' imprisonment on each count, to run concurrently, was...
Source-derived case information.
- Citation
- [2006] KEHC 3008 (KLR)
- Parties
- Appellant: Abdi Rahman Omar Ahmed; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 206 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DK Musinga
- Legal Topics
- Forgery, Uttering False Document, Attempted Obtaining by False Pretences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi Rahman Omar Ahmed
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for forgery, uttering a false document, and attempted obtaining by false pretences was excessive or warranted interference on appeal.
Ratio Decidendi
The court found that the appellant, having pleaded guilty to forgery, uttering a false cheque, and attempting to obtain money by false pretences, had abused a position of trust to attempt to steal a substantial sum from his employer. The sentence of three years' imprisonment on each count, to run concurrently, was not excessive or unjust. The court held that there was no basis for appellate interference, especially given the seriousness of the offences and the leniency of the sentence relative to the amount involved and the breach of trust. The appeal was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The sentence of three years' imprisonment on each count, to run concurrently, is upheld.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appeal No. 206 of 2004
ABDI RAHMAN OMAR
AHMED……….................................................…...….APPELLANT
VERSUS
REPUBLIC………………………….............................................…………...RESPONDENT
JUDGMENT
The appellant was charged with forgery contrary to section 349 of the Penal Code, the particulars of the offence being that on 7th January 2004 at Narok township in Narok District within the Rift Valley Province, he forged a Kenya Commercial Bank Narok Branch cheque number 002363 purporting the same to have been written by Abdi Yusuf authorizing or ordering a payment of Kshs.4,500,000/- to him. He also faced a second count of uttering the said cheque to Edward Arasa, a bank cashier. The third count was one of attempting to obtain money by false pretences by presenting the said cheque for payment.
The appellant pleaded guilty to all the counts and was convicted accordingly. He was sentenced to 3 years imprisonment on each of the counts and the sentences were to run concurrently. He was aggrieved by the said sentences and he appealed against the same.
Mr. Koech, learned state counsel opposed the appeal and submitted that the amount that was intended to be stolen by the appellant was substantial and that the sentence that was passed was very lenient.
I agree with Mr. Koech as I find that the appellant had hatched a scheme to steal a substantial amount of money from his employer having been placed in a position of trust. I find no basis for interfering with the said sentence and hereby dismiss the appeal.
DATED, SIGNED AND DELIVERED at Nakuru this 3rd day of March, 2006.
D. MUSINGA
JUDGE