[2013] KEHC 3756 (KLR)
The court found that although the applicant received money under the pretext of providing accommodation and failed to refund it, the dispute had the characteristics of a civil matter arising from a breached contract rather than a purely criminal act. The court noted that the criminal process should not be used to...
Source-derived case information.
- Citation
- [2013] KEHC 3756 (KLR)
- Parties
- Applicant: Patrick Micheni Reuben; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 62 of 2013
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- sentence revised; custodial sentence substituted with fine
- Judges
- GO Shikwe
- Legal Topics
- Obtaining by False Pretence, Sentencing Revision, Criminal Procedure Code Section 364
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Micheni Reuben
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the facts disclosed a criminal offence or a civil dispute.
- 2 Whether the sentence imposed was appropriate in the circumstances.
Ratio Decidendi
The court found that although the applicant received money under the pretext of providing accommodation and failed to refund it, the dispute had the characteristics of a civil matter arising from a breached contract rather than a purely criminal act. The court noted that the criminal process should not be used to settle civil disputes. Given that the applicant was a first offender and had already served some time in custody, the sentence of four months imprisonment without the option of a fine was deemed excessive. The court exercised its revisionary jurisdiction to substitute the custodial sentence with a fine of Kshs. 50,000, or in default, four months imprisonment, thereby aligning the...
Court Disposition
sentence revised; custodial sentence substituted with fine
Orders
- The sentence of four months imprisonment without an option of fine is substituted with a fine of Kshs. 50,000, in default four months imprisonment.
- The sentence is revised to that extent only.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Revision 62 of 2013 [if gte mso 9]><![endif]
PATRICK MICHENI REUBEN …………...……….…. APPLICANT
- Versus -
REPUBLIC ………………………………….….… RESPONDENT
JUDGMENT
The Appellant/Applicant was sentenced to 4 months imprisonment for the offence of obtaining by false pretence contrary to Section 313 of the Penal Code.
The particulars are that on diverse dates between the month of June and August 2012 at Mtwapa Township Kilifi County with intent to defraud obtained Kshs. 100,000/- form Mrs Kimathi K. Florence by falsely pretending that he would accommodate 144 pupils and 20 staff members of Chogoria Boarding Primary School at Bridge View Hotel Mtwapa, a fact he knew to be false. It is noted that the Accused had been treated as a first offender.
The matter arose out of a contract which was apparently breached because of one reason or other. There was an agreement between the Accused and Chogoria Primary Boarding School representative that he offer them accommodation at his Hotel Bridge View Mtwapa. He later offered them accommodation at a school called Sajahanad. Meanwhile he had received Kshs. 100,000/- which he refused to refund. It’s apparent that this was a Civil matter which could have been resolved without involving the Criminal process. It is noted that the Accused has already served a couple of weeks in prison custody.
Pursuant to Section 364 of the Criminal Procedure Code I substitute the sentence of 4 months without an option of fine to that of a fine of Kshs. 50,000/- in default 4 months imprisonment. The sentence is revised to that extent only.
Judgment read and delivered in open Court this 29th day of April, 2013.
M. MUYA
JUDGE
In the presence of:-
Mr. Wanjala holding brief for Mr. Kadima for Applicant
Court clerk – Mr. Musundi
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