[2021] KEHC 5435 (KLR)
The court found that the sentence imposed by the trial court was lawful and lenient, having considered the probation officer's report and the circumstances of the offence. The applicant had only served two months of the one-year imprisonment, and the complainant had lost her money. There was no sufficient basis to...
Source-derived case information.
- Citation
- [2021] KEHC 5435 (KLR)
- Parties
- Applicant: Nicholas Otieno Chiaji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E063 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Revision of Sentence, Obtaining by False Pretences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Otieno Chiaji
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the convict should be revised to a community service order.
- 2 Whether the sentence imposed by the trial court was lawful and appropriate.
Ratio Decidendi
The court found that the sentence imposed by the trial court was lawful and lenient, having considered the probation officer's report and the circumstances of the offence. The applicant had only served two months of the one-year imprisonment, and the complainant had lost her money. There was no sufficient basis to revise the sentence to a community service order. The court declined to interfere with the sentence, holding that the interests of justice would not be served by revision.
Court Disposition
application for revision dismissed
Orders
- The application for revision of sentence is declined.
- The convict to serve and complete sentence in prison.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION CASE NO. E063 OF 2021
NICHOLAS OTIENO CHIAJI...................................................................................APPLICANT
VERSUS
REPUBLIC...............................................................................................................RESPONDENT
(Appeal from the judgment, conviction and sentence inSiaya P.M’s MagistratesCourt
No. 1191 of 2019 on 18. 3.2021 by Hon. Muthoni Mwangi – Resident Magistrate)
RULING
1. The Convict Nicholas Otieno Chiaji was Convicted of the offence of obtaining Money by false pretences contrary to section 313 of the Penal Code. He has not appealed against conviction and sentence. He was given an option of a five of KShs.100,000/= in default to serve one year imprisonment.
2. I have considered the proceedings before the trial Court, circumstances under which the offence was committed and the Probation Officer’s Report filed on 14. 6.2021. I am not satisfied that the Convict deserves Community Service Order having served only 2 months of the one year imprisonment and the Complainant lost her hard earned money which the trial Court had directed that should the fine be paid, she be paid KShs.85,000/=.
3. I decline to revise the sentence imposed which was lawful and very lenient as the trial Court had considered a Probation Officer’s presentence Report dated 1. 2.2021 filed by Mr. O. Odumba.
4. The Convict to serve and complete sentence in prison.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE