[2018] KEHC 2250 (KLR)
The court found that the sentence imposed on the applicant—either a fine of Kshs. 340,861 or, in default, one year imprisonment—was lawful and lenient given the offence of obtaining by false pretences. Upon examining the application for revision, the court determined that there were no sufficient grounds to...
Source-derived case information.
- Citation
- [2018] KEHC 2250 (KLR)
- Parties
- Applicant: Charles Owino Wasonga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 141 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Obtaining by False Pretences, Sentencing Revision, Penal Code Section 313
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Owino Wasonga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether there are sufficient grounds to revise the sentence imposed on the applicant for obtaining by false pretences.
Ratio Decidendi
The court found that the sentence imposed on the applicant—either a fine of Kshs. 340,861 or, in default, one year imprisonment—was lawful and lenient given the offence of obtaining by false pretences. Upon examining the application for revision, the court determined that there were no sufficient grounds to interfere with the sentence, as it was neither illegal nor manifestly excessive. The application for revision was therefore dismissed, and the applicant was ordered to serve the full sentence as imposed by the trial court.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The applicant to serve the full sentence as imposed by the trial court.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 141 OF 2018
(CORAM: R. E. ABURILI - J.)
CHARLES OWINO WASONGA................APPLICANT
VERSUS
REPUBLIC................................................RESPONDENT
(Being an appeal against the sentence dated 6/7/2018 in Criminal Case No. 124 of 2017 in Ukwala Law Court)
RULING OF THE COURT
The convict Charles Owino Wasongawas convicted vide Ukwala SRM Cr. Case No. 124/2017 of the Offence of Obtaining by false Pretences contrary to Section 313 of the Penal Codeand fined Kshs. 340,861/= in default to serve one year imprisonment.
I have examined his request for revision of sentence and find no grounds sufficient to warrant a review of such lenient lawful short sentence. I reject the request and dismiss the application. Applicant to serve full sentence.
Dated, Signed and Delivered at SIAYA this 31ST day of August 2018.
R.E. ABURILI
JUDGE