[2004] KEHC 1766 (KLR)
The court found that the appellant, having pleaded guilty to possession of a forged bank note, was a first offender, elderly, and had only one note in his possession, indicating he was unlikely to be the maker. The court held that the three-year custodial sentence imposed by the trial court was harsh and excessive...
Source-derived case information.
- Citation
- [2004] KEHC 1766 (KLR)
- Parties
- Appellant: Moses Okumu Adogo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 9 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced; appellant released
- Legal Topics
- Sentencing Principles, Mitigation, Possession of Forged Currency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Okumu Adogo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of three years imprisonment for possession of a forged bank note was excessive in the circumstances.
- 2 Whether the appellant's mitigation and status as a first offender warranted a non-custodial or reduced sentence.
Ratio Decidendi
The court found that the appellant, having pleaded guilty to possession of a forged bank note, was a first offender, elderly, and had only one note in his possession, indicating he was unlikely to be the maker. The court held that the three-year custodial sentence imposed by the trial court was harsh and excessive in the circumstances. The judge emphasized that the trial court should have considered a non-custodial sentence given the mitigating factors. The period of six months already served by the appellant was deemed sufficient punishment. Accordingly, the sentence of three years was quashed and substituted with a sentence equivalent to the term already served, and the appellant was...
Court Disposition
sentence reduced; appellant released
Orders
- The sentence of three years imprisonment is quashed and substituted with a sentence for the term already served.
- The appellant shall be set at liberty forthwith.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO.9 OF 2004
(From original conviction and sentence of the Senior Resident Magistrate’s Court
at Oyugis in Criminal Case No.908 of 2003 –S. O. OMWEGA ESQ., SRM)
MOSES OKUMU ADOGO …………………………………….. APPELLANT
VERSUSREPUBLIC ……………………………………………………. RESPONDENTJUDGMENT
Appellant was convicted for offence of being in possession of a forged bank note c/s.359 Penal Code. He had pleaded guilty and was sentenced to 3 (Three) years imprisonment. He now appeals against the sentence.
Appellant pleaded guilty. He was a first offender and in mitigation said he has a family to support. He was found with only one note which means most probably he was not the maker of the same. He is an elderly man. I feel sentence of 3 years and harsh. In fact court should have considered a non-custodial sentence.
Appellant has been in jail for 6 months. That is enough punishment.
I therefore quash the sentence of three years and substitute it with one for the term already served. Appellant be set at liberty.
It is so ordered.
KABURU BAUNI JUDGE. 24/6/2004
Dated, and delivered on 24th June 2004
KABURU BAUNI JUDGE. 24/6/2004