[2018] KEHC 9683 (KLR)
The court found that although the applicant was not a first offender and had admitted to a previous conviction, the period of 18 months already served in custody was sufficient punishment. The sentence of a fine of Kshs. 1,000,000 in default 12 months imprisonment for each count was deemed reasonable, especially...
Source-derived case information.
- Citation
- [2018] KEHC 9683 (KLR)
- Parties
- Appellant: Kennedy Mukhongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 123 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; remainder of sentence set aside; applicant released unless otherwise lawfully held
- Legal Topics
- Obtaining by False Pretences, Making False Document, Uttering False Document, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Mukhongo
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for obtaining money by false pretences, making a false document, and uttering a false document was reasonable.
- 2 Whether the period already served in custody by the applicant warranted a revision of the sentence on humanitarian grounds.
Ratio Decidendi
The court found that although the applicant was not a first offender and had admitted to a previous conviction, the period of 18 months already served in custody was sufficient punishment. The sentence of a fine of Kshs. 1,000,000 in default 12 months imprisonment for each count was deemed reasonable, especially considering that one count was a felony. However, on humanitarian grounds, the court exercised its discretion to set aside the remainder of the sentence and ordered that the applicant be released, having served a sufficient sentence.
Court Disposition
application allowed; remainder of sentence set aside; applicant released unless otherwise lawfully held
Orders
- The remainder of the sentence is set aside.
- The applicant is deemed to have served a sufficient sentence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 123 OF 2018
KENNEDY MUKHONGO................................APPELLANT
VERSUS
REPUBLIC.......................................................RESPONDENT
RULING
1. I have considered the application. I have also perused the original record of proceedings. The Applicant was convicted for offence of obtaining money by false pretences. The amount in question was the sum of Kshs. 221,249/=. He also faced two other counts of making a false document contrary to Section 357(a)of thePenal code and uttering a false document contrary to Section 353 of the Penal Code.
2. The sentence imposed in my view of a fine of Kshs. 1000,000/= in default serve 12 months imprisonment in respect of each of the counts was very reasonable, more so, taking into account that count II is a felony.
3. All the same, a punishment is intended to correct an accused. I have regard that he is not a first offender, as he too has admitted. However, for the period of 18 months served in custody, it is hoped he has learnt a lesson and this being his second time to be in conflict with the law, he shall not be caught up in the crime again.
4. On humanitarian grounds alone, I allow the application. I set aside the remainder of the sentence. I substitute it with an order that the Applicant has served sufficient sentence. I order him set free unless he is otherwise lawfully held.
Dated and Delivered at Nairobi this 30th day of October, 2018.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of;
1. Applicant present in person
2. M/s Akunja for the Respondent.