[2018] KEHC 4665 (KLR)
The appellate court found that the trial court properly exercised its discretion in sentencing the appellant to two years imprisonment for obtaining money by false pretences. The court considered the appellant's status as a first offender and the nine months spent in remand, but also noted the aggravating factors:...
Source-derived case information.
- Citation
- [2018] KEHC 4665 (KLR)
- Parties
- Appellant: Ebrahim Kiogora Meme; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 106 of 2017
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Obtaining by False Pretences, Sentencing Principles, Fraudulent Land Transactions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ebrahim Kiogora Meme
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of two years imprisonment for obtaining money by false pretences was excessive or warranted interference by the appellate court.
Ratio Decidendi
The appellate court found that the trial court properly exercised its discretion in sentencing the appellant to two years imprisonment for obtaining money by false pretences. The court considered the appellant's status as a first offender and the nine months spent in remand, but also noted the aggravating factors: the appellant had previously swindled another person over the same parcel of land and had not refunded the defrauded sum. Given these circumstances and the statutory maximum of three years, the sentence was not excessive or unjust. There was no valid reason for the appellate court to interfere with the sentence imposed by the trial court.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL APPEAL NO 106 OF 2017
EBRAHIM KIOGORA MEME.......................................APPELLANT
VERSUS
REPUBLIC.....................................................................RESPONDENT
(Appeal from original Sentence dated 25/07/2017
in Nanyuki CM Criminal Case No 1300 of 2016 – L Mutai , CM)
J U D G M E N T
1. The Appellant EBRAHIM KIOGORA MEMEwas convicted after trial of obtaining money by false pretencescontrary to section 313of the Penal Code. It was alleged in the particulars of the offence that on diverse dates between 4th May and 28th July 2016 in Meru Town within Meru County, with intent to defraud, he obtained KShs 450,000/00 from one SAMUEL NGUMO WARUTERE by falsely pretending that he would sell a parcel of land known as L.R. Kiirua/Nkando/1426 to the said complainant, a fact he knew to be false. On 25th July, 2017 he was sentenced to two (2) years imprisonment. He has appealed against the sentence only.
2. The offence carried a maximum of three (3) years imprisonment. The trial court took into account the fact that the Appellant was a first offender and was in remand prison for nine (9) months during his trial. Nevertheless the complainant was not the first person that the Appellant had similarly swindled over the same parcel of land. He had previously swindled another person who testified as PW3.
3. The Appellant also had not refunded to the complainant the KShs 450,000/00 that he had defrauded him.
4. In all these circumstances, the term of imprisonment of two (2) years was richly deserved, and there is absolutely no valid reason for this court to interfere. The appeal against sentence has no merit and is hereby dismissed. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 2ND DAY OF AUGUST 2018
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 15TH DAY OF AUGUST 2018