[2014] KEHC 3574 (KLR)
The court held that section 315 of the Penal Code, under which the applicant was convicted, does not provide for an option of a fine and prescribes a sentence of up to three years' imprisonment. The trial court's decision to sentence the applicant to 28 months' imprisonment for each count, to run concurrently, was...
Source-derived case information.
- Citation
- [2014] KEHC 3574 (KLR)
- Parties
- Applicant: Frank Amour Nzamba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 3 of 2014
- Procedural Posture
- Criminal Revision / Application for Revision of Sentence
- Outcome
- Application for revision declined.
- Legal Topics
- Cheating Offence, Sentencing Principles, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frank Amour Nzamba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed for the offence of cheating under section 315 of the Penal Code should have included an option of a fine.
- 2 Whether the trial court erred in sentencing the applicant to imprisonment without an option of a fine.
Ratio Decidendi
The court held that section 315 of the Penal Code, under which the applicant was convicted, does not provide for an option of a fine and prescribes a sentence of up to three years' imprisonment. The trial court's decision to sentence the applicant to 28 months' imprisonment for each count, to run concurrently, was therefore lawful. There was no legal basis to interfere with the sentence as imposed by the trial court, and the application for revision was declined.
Court Disposition
Application for revision declined.
Orders
- The application for revision of sentence is declined.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL REVISION CASE NO. 3 OF 2014
FRANK AMOUR NZAMBA …..... ........................................APPLICANT
versus
REPUBLIC ....................................................................RESPONDENT
REVISION
By a letter dated 4th November 2013 the applicant moved the court for revision of sentence under section 362 and 364 of Criminal Procedure Code.
The applicant was charged with two counts of cheating contrary to section 315 of the Penal Code the particulars of which were that on 11th day of September 2012 at Karatina township in Mathira District within Nyeri county jointly with another not before the court by means of fraudulent trick induced Gladys Mumbi Mwangi to deliver a sum of Ksh. 180,000/- to him.
He faced a second count of cheating contrary to section 315 of the Penal Code the particulars of which were that on 15th day of September 2012 at Karatina township within Mathira East District in Nyeri county with another not before the court by means of fraudulent trick induced Gladys Mumbi Mwangi to deliver a sum of Ksh. 320,000/- to him.
The applicant was sentenced to serve 28 months imprisonment for each count to run concurrently and his complaint was that he was imprisoned without an option of a fine while there is a fine for the offence.
It should be noted that section 315 of the Penal Code wherein the applicant was charged has no option of a fine and provides for a sentence for three years. I therefore find no fault with the trial court sentence herein and decline to interfere with the same.
Dated and delivered at Nyeri this 31st day of July 2014.
J. WAKIAGA
JUDGE