[2017] KEHC 9077 (KLR)
The court found that the order of compensation was justified given the appellant's conviction on his own plea of guilty for obtaining goods by false pretences. However, considering the appellant's circumstances, the court exercised its discretion to reduce the compensation amount from Kshs.3,970,200 to Kshs.1...
Source-derived case information.
- Citation
- [2017] KEHC 9077 (KLR)
- Parties
- Appellant: Byrne Cathal; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 82 of 2016
- Procedural Posture
- Criminal Appeal / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence dismissed except for reduction of compensation amount.
- Judges
- LK Kimaru
- Legal Topics
- Obtaining by False Pretences, Sentencing, Compensation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Byrne Cathal
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the order of compensation imposed on the appellant was proper in light of his inability to pay.
- 2 Whether the sentence should be revised to remove or reduce the compensation order.
Ratio Decidendi
The court found that the order of compensation was justified given the appellant's conviction on his own plea of guilty for obtaining goods by false pretences. However, considering the appellant's circumstances, the court exercised its discretion to reduce the compensation amount from Kshs.3,970,200 to Kshs.1 million. The application for revision of sentence was otherwise dismissed, with the court affirming the appropriateness of a compensation order in such cases.
Court Disposition
Application for revision of sentence dismissed except for reduction of compensation amount.
Orders
- Compensation to the complainant reduced to Kshs.1 million.
- All other aspects of the sentence remain as previously ordered.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.82 OF 2016
BYRNE CATHAL ………………………………….......APPELLANT
VERSUS
REPUBLIC………………………………….....……RESPONDENT
RULING
The Appellant, Byrne Cathal was convicted of two (2) counts of obtaining goods by false pretences contrary to Section 313 of the Penal Code. The particulars of the two charges were that on 15th May 2012 and 22nd May 2012, the Appellant obtained goods worth Kshs.3,970,200/- from Violet Akoth Oganda by falsely pretending that he was in a position to purchase the said goods, a fact the Appellant knew to be false. The Appellant pleaded guilty to the charges. He was convicted on his own plea of guilty. He was ordered to pay compensation to the complainant the said sum of Kshs.3,970,200/-. He was further ordered to pay a fine of Kshs.50,000/- or in default he was to serve one (1) year imprisonment. The Appellant was aggrieved by the order of compensation. He was of the view that the court should not have made the order of compensation in view of the fact that he did not have the money to pay the compensation. He made an application before this court for the revision of the sentence.
This court considered this application at the same time with a similar appeal that the Appellant had filed in Nairobi High Court Criminal Appeal No.120 of 2016 Bryne Cathal –vs- Republic.The reasons in that decision shall similarly apply in this application. The Appellant’s application for revision of the sentence is hereby dismissed save that the compensation that the Appellant shall pay to the complainant shall be Kshs.1 million. It is so ordered.
DATED AT NAIROBI THIS 15TH DAY OF JUNE 2017
L. KIMARU
JUDGE