[2004] KEHC 1819 (KLR)
The court found that the appellant's plea of guilty was unequivocal, as the record showed the charges were read and explained to him in Dholuo, a language he understood. The court held that the conviction was proper and dismissed the appeal against conviction. However, the court considered the appellant's status as...
Source-derived case information.
- Citation
- [2004] KEHC 1819 (KLR)
- Parties
- Appellant: Benard Owino Ongogo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 330 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal against conviction dismissed; appeal against sentence allowed in part
- Judges
- K Bauni
- Legal Topics
- Plea of Guilty, Sentence Reduction, Making Document Without Authority, Uttering False Document
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Owino Ongogo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's plea of guilty was unequivocal and properly entered.
- 2 Whether the sentence imposed was excessive given the circumstances of the case.
Ratio Decidendi
The court found that the appellant's plea of guilty was unequivocal, as the record showed the charges were read and explained to him in Dholuo, a language he understood. The court held that the conviction was proper and dismissed the appeal against conviction. However, the court considered the appellant's status as a first offender and his plea for leniency, finding that the original sentence of three years was excessive. The court substituted the sentence with one year imprisonment on each count, to run concurrently, as a more appropriate punishment in the circumstances.
Court Disposition
appeal against conviction dismissed; appeal against sentence allowed in part
Orders
- The sentence of three years imprisonment is set aside and substituted with one year imprisonment on each count to run concurrently.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII CRIMINAL APPEAL NO.330 OF 2003
(From original conviction and sentence of the SRM’s court at Homa Bay in criminal case No.1065 of 2003. )
BENARD OWINO ONGOGO ………………………………………….. APPELLANT VERSUS REPUBLIC ……………………………………………………………… RESPONDENT
JUDGMENT:
Appellant was charged and convicted on his own plea of guilty for the offence of making a document without authority c/s 357(a) PC and that of uttering a false document c/s 353 Penal Code by SRM Homa Bay. He was sentenced to three years imprisonment in the first count and 18 months imprisonment in the 2nd count to run concurrently.In his grounds of appeal he said that he did not understand the charge and that is why he pleaded guilty. He further said the charge was not explained to him. He said the certificate alleged to have altered was original.
Lastly he said the sentence of 3 years was harsh.
I have considered the appeal. The appellant pleaded guilty to both charges. Record shows that the charges were read and explained to appellant in Dholuo a language he understood. The facts must have been explained to him in the same language. He cannot therefore say he pleaded guilty because he did not understand the facts. I find his plea was unequivocal and the conviction was proper. The appeal against conviction is therefore dismissed.
As to sentence the appellant was a first offender and pleaded for leniency. He had tried to get employed though using an illegal way. I feel the sentence meted out was excessive in the circumstances.
I therefore set aside the sentence and substitute it with that of one (1) year imprisonment in each count to run concurrently. It is so ordered.
KABURU BAUNI
JUDGE
22/6/04
Delivered on 22nd June 2004. Mr. Kemo for State.
KABURU BAUNI
JUDGE