[2011] KEHC 1424 (KLR)
The court held that since the appellant pleaded guilty, the only permissible ground of appeal was on the extent or legality of the sentence. The sentence of 24 months imprisonment was within the statutory maximum of three years for the offence of obtaining by false pretences under section 313 of the Penal Code. The...
Source-derived case information.
- Citation
- [2011] KEHC 1424 (KLR)
- Parties
- Appellant: James Nduati Kinyanjui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 314A of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- SP Ouko
- Legal Topics
- Obtaining by False Pretences, Sentencing, Plea of Guilty, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
James Nduati Kinyanjui
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for obtaining by false pretences was harsh or excessive.
- 2 Whether the appellant could appeal after pleading guilty.
Ratio Decidendi
The court held that since the appellant pleaded guilty, the only permissible ground of appeal was on the extent or legality of the sentence. The sentence of 24 months imprisonment was within the statutory maximum of three years for the offence of obtaining by false pretences under section 313 of the Penal Code. The court found the sentence neither harsh nor illegal and thus dismissed the appeal.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO.314A OF 2010
JAMES NDUATI KINYANJUI………………………………APPELLANT
VERSUS
REPUBLIC…………………………………..………………RESPONDENT
JUDGMENT
The appellant who admitted the offence of obtaining money by false pretences contrary to section 313 of the Penal Code, was upon conviction sentences to 24 months imprisonment. He was aggrieved and brought this appeal through the firm of Ikua, Mwangi and company Advocates on the grounds that:
i)the plea was not unequivocal;
ii)the charge sheet was defective;
iii)the appellant’s mitigation was not considered;
iv)the sentence was harsh and excessive;
According to the charge sheet, the appellant is alleged to have obtained Kshs.16,000/= from Ronald Maina Thuo by falsely pretending that he (the appellant) was offering a course in Wildlife and Tour Guide at Lake Naivasha Wildlife and Tourism College, an institution that does not exist.
Counsel for the appellant did not address the court on the first two grounds but devoted her attention and argument only on the last ground namely that the sentence was harsh and excessive.
Although section 348 of the Criminal Procedure Code provides that:
“No appeal shall be allowed in the case of an accused person who has pleaded guilty and who has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence”
it is now settled that that section is not an absolute bar to bringing an appeal on any other grounds.
The appellant’s counsel having dropped the other grounds, the only question raised is whether the sentence was excessive or illegal. Section 313 aforesaid stipulates that a person found guilty of the offence of obtaining by false pretences is liable to imprisonment for 3 years. The sentence of 2 years imposed by the trial court is clearly not excessive, nor is it illegal.
For these reasons, the appeal fails and is dismissed.
Dated, Delivered and Signed at Nakuru this 17th day of May, 2011.
W. OUKO
JUDGE