[2012] KEHC 3460 (KLR)
The court found that since all the offences arose from a single transaction involving the same document and the appellant was a first offender, the sentences should have been ordered to run concurrently rather than consecutively. The court also noted that there was no financial benefit obtained by the appellant from...
Source-derived case information.
- Citation
- [2012] KEHC 3460 (KLR)
- Parties
- Appellant: Bernard Wambua Nzuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 419 of 2008
- Procedural Posture
- Criminal Appeal / Judgment on Sentence
- Outcome
- Appeal against conviction dismissed; appeal against sentence allowed.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Sentencing Principles, Concurrent Sentences, Forgery, Uttering False Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bernard Wambua Nzuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Sentence
Legal Issues
- 1 Whether the sentences for the four offences should run concurrently or consecutively.
- 2 Whether the appellant is entitled to a reduction or alteration of sentence given the circumstances.
Ratio Decidendi
The court found that since all the offences arose from a single transaction involving the same document and the appellant was a first offender, the sentences should have been ordered to run concurrently rather than consecutively. The court also noted that there was no financial benefit obtained by the appellant from the offences. Accordingly, the appeal against conviction was dismissed, but the appeal against sentence was allowed by setting aside the consecutive sentence order and substituting it with an order for the sentences to run concurrently.
Court Disposition
Appeal against conviction dismissed; appeal against sentence allowed.
Orders
- The order for sentences to run consecutively is set aside.
- Sentences to run concurrently.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI LAW COURTS
Criminal Appeal 419 of 2008
BERNARD WAMBUA NZUKI ……….....……………………. APPELLANT
VERSUS
REPUBLIC …………………………………………………. RESPONDENT
JUDGMENT
The appellant was convicted of three counts of uttering a false document contrary to Section 353 of the Penal Code and one of forgery contrary to Section 349 of the Penal code. On each of the four offences he was sentenced to serve 2 years imprisonment, the sentences of which were ordered to run consecutively. He was dissatisfied with the said conviction and sentence and lodged this appeal against the conviction and sentence.
At the hearing of this appeal he abandoned his appeal on conviction and elected to address the court on the issue of sentence alone. The learned counsel for the Republic concedes that the appellant ‘s terms of imprisonment may be ordered to run concurrently in view of the fact that the offences were committed in once transaction and the appellant was a first offender. I have also looked at the record before me and noted that the central document involved, that is, title No. LR No. 7785/3 No. IR 34303 features in all the counts aforesaid.
There was also no financial benefit that was bestowed upon the appellant in respect of the said offences. With respect, I agree that the sentences should have been ordered to run concurrently. Accordingly the appeal against conviction is hereby dismissed but the appeal against sentence is hereby allowed by setting aside the order of the learned trial magistrate ordering the sentences to run consecutively and in place thereof order that the sentences shall ran concurrently.
I note that the appellant was sentenced on 18th January, 2010 in which case, as of today ,following the order above he has served the sentence so ordered. Accordingly, he shall be released forwith unless otherwise lawfully held
Orders accordingly.
Dated, signed and delivered at Nairobi this 4th day of July, 2012.
A.MBOGHOLI MSAGHA
JUDGE