[1984] KEHC 31 (KLR)
The court found that the evidence on record clearly established that the appellant, while posing as a police officer, demanded money with menaces and committed theft. The trial court's findings were supported by ample evidence, and the convictions on all four counts were proper. However, the appellate court found...
Source-derived case information.
- Citation
- [1984] KEHC 31 (KLR)
- Parties
- Appellant: Jackson Kibet Serem; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1174 of 1984
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal against conviction dismissed; appeal against sentence allowed in part.
- Legal Topics
- Demanding Property With Menaces, Stealing, Sentencing, Impersonation of Police Officer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Kibet Serem
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was properly convicted on three counts of demanding property with menaces contrary to section 302 of the Penal Code.
- 2 Whether the conviction for stealing contrary to section 275 of the Penal Code was supported by evidence.
- 3 Whether the sentences imposed were appropriate in the circumstances.
Ratio Decidendi
The court found that the evidence on record clearly established that the appellant, while posing as a police officer, demanded money with menaces and committed theft. The trial court's findings were supported by ample evidence, and the convictions on all four counts were proper. However, the appellate court found the sentences of three years on each of the first three counts to be excessive and reduced them to 18 months each, to run concurrently with the 18 months imposed on the fourth count. The total custodial sentence was thus reduced to 18 months' imprisonment, reflecting the court's view on proportionality in sentencing while upholding the convictions.
Court Disposition
Appeal against conviction dismissed; appeal against sentence allowed in part.
Orders
- Sentences on counts 1, 2, and 3 reduced from 3 years to 18 months imprisonment each.
- Sentence of 18 months imprisonment on count 4 to remain undisturbed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA T NAIROBI
APPELLATE SIDE
CRIMINAL APPEAL NO 1174 OF 1984
(From Original Convictions and Sentences in Criminal Case No 2331 of 1984 of the Senior Resident Magistrate’s Court at Nairobi: J A Mango Esq.)
JACKSON KIBEI SEREM …………………………………………….APPELLANT
V e r s u s
REPUBLIC …………………………………………………………….RESPONDENT
CORAM: O’KUBASU, J
Appellant absent, not wishing to be present and unrepresented, A K Nyairo (State Counsel) for Respondent)
J U D G M E N T
The appellant, Jackson Kibet Serem, was convicted on three counts of demanding property with menaces contrary to section 302 of the Penal Code and on a fourth Count of stealing contrary to Section 275 of the Penal Code. On the first three counts, he was sentenced to 3 years imprisonment on each count, and on fourth count he was sentenced to 18 months imprisonment.
The evidence on record, clearly shows that the appellant went out to demand money with menaces while posing as a police officer. There was ample evidence to support the convictions on all the four counts. I have no doubt, whatsoever, that the appellant was properly convicted on all the four counts. Hence, his appeal against conviction, is dismissed.
As regards sentence, I would reduce the sentence of 3 years on each count to 18 months imprisonment in respect of counts 1, 2 and 3. The sentence of 18 months imprisonment in respect of count 4, will remain undisturbed. The sentences in all the four counts will run concurrently, so that the appellant will now serve a total of 18 months in prison. Order accordingly.
Delivered at Nairobi, this 6th day of December, 1984.
E O’KIBASU
JUDGE