[2002] KEHC 1093 (KLR)
The court found that the appellant had no intention to defraud, as evidenced by her honest admission of making the entries and the procedural nature of her work, which was subject to verification by superiors. The court held that the appellant should have been treated as a prosecution witness rather than an accused...
Source-derived case information.
- Citation
- [2002] KEHC 1093 (KLR)
- Parties
- Appellant: Joyce Makaka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1193 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction quashed; sentence set aside
- Legal Topics
- Fraudulent False Accounting, Penal Code Section 330b, Criminal Appeals, Conviction Quashing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Makaka
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant had the requisite intent to commit fraudulent false accounting under section 330(b) of the Penal Code.
- 2 Whether the conviction and sentence were justified based on the evidence presented.
Ratio Decidendi
The court found that the appellant had no intention to defraud, as evidenced by her honest admission of making the entries and the procedural nature of her work, which was subject to verification by superiors. The court held that the appellant should have been treated as a prosecution witness rather than an accused person. Consequently, the conviction was quashed and the sentence set aside, as the essential element of intent was not established.
Court Disposition
appeal allowed; conviction quashed; sentence set aside
Orders
- The appeal is allowed.
- The conviction is quashed.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBIAPPELLATE SIDEHIGH COURT CRIMINAL APPEAL NO. 1193 OF 2001 FROM ORIGINAL CONVICTION(S) AND SENTENCE(S) CRIMINAL CASE NO. 2122 OF 1999 OF THE CHIEF MAGISTRATE’S COURT AT NAIROBI)
JOYCE MAKAKA…………………………………………….APPELLANT VERSUS REPUBLIC……………………………………...……………….REPUBLIC
JUDGMENT
The appellant was convicted of the offence of fraudulent false accounting C/s 330(b) of the Penal Code and sentenced to pay a fine of Kshs. 10,000/- in default to serve 8 months imprisonment. Being dissatisfied with the said conviction and sentence she appealed. At the hearing of this appeal, the learned counsel of the republic conceded the same and with respect I agree.
There was no intention whatsoever on the part of the appellant who in fact readily admitted having made the entries in question. Her admission in my view is to be construed as an honest fact which enhanced her credibility. It is also clear that entries by the appellant were to be verified by her superiors which in itself made her work more of a procedural step than anything else. This is a party who should have been made a prosecution witness but unfortunately ended up in the dock.
For those reasons the appeal is allowed, conviction quashed and sentence set aside.
If the fine was paid the same should be refunded to the appellant forthwith.
Orders accordingly.
MBOGHOLI MSAGHA
JUDGE
30TH MAY 2002