[2011] KEHC 939 (KLR)
The court found that the applicant was properly informed of the charge in a language she understood, pleaded guilty, and admitted the facts. The record showed she was given an opportunity to mitigate, which she utilized, and the trial magistrate considered her mitigation before imposing the maximum sentence of three...
Source-derived case information.
- Citation
- [2011] KEHC 939 (KLR)
- Parties
- Applicant: Prisca Wanja; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 2 of 2011
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Further directions pending; social inquiry report ordered before final determination on sentence.
- Legal Topics
- Revision of Sentence, Obtaining by False Pretence, Mitigation Rights, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prisca Wanja
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant was denied an opportunity to mitigate before sentencing.
- 2 Whether the sentence imposed was excessively harsh given the circumstances.
- 3 Whether the applicant's plea of guilty was properly taken and understood.
Ratio Decidendi
The court found that the applicant was properly informed of the charge in a language she understood, pleaded guilty, and admitted the facts. The record showed she was given an opportunity to mitigate, which she utilized, and the trial magistrate considered her mitigation before imposing the maximum sentence of three years. Given the substantial amount involved—over one million shillings—the sentence was not deemed excessively harsh. However, considering the applicant had served about nine months and expressed willingness to compensate the complainant, the court ordered a social inquiry report before making a final decision on the sentence, ensuring all relevant circumstances, including...
Court Disposition
Further directions pending; social inquiry report ordered before final determination on sentence.
Orders
- District Probation Officer to provide a detailed social inquiry report on the accused.
- Complainant to be interviewed as part of the report.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CRIMINAL REVISION CASE NO. 2 0F 2011
PRISCA WANJA ……………………………...…….. ACCUSED/APPLICANT
VERSUS
REPUBLIC ………......……......................................………… …RESPONDENT
R U L I N G
This is an application for revision under section 362 & 364 Criminal Procedure Code by the Applicant.
The Applicant says she admitted the charge of obtaining money by false pretence contrary to section 313 of the Penal Code because she thought the court would be lenient with her.
She also claims that she did not put forward her mitigation because the court did not give her the chance. I have looked at the record as is required of this court under section 362 Civil Procedure Code. The charge was read to Applicant in Kiembu language which she understood. She had told the court the language she understands is Kiembu. She pleaded guilty and facts were read to her. She admitted those facts.
She was also given a chance to mitigate and she did mitigate. The trial magistrate considered the mitigation as the record shows and handed the Applicant the maximum sentence of 3 years. The Applicant now says the sentence was too harsh and she is ready to arrange for payment of the money to the complainant. The money that the Applicant conned the complainant was over one million shillings! She cannot say the sentence is too harsh under the circumstances. The Applicant ought to have thought of her children and grandchildren who allegedly depend on her before doing what she did. She has been in prison now for about 9 months. And must have learnt her lesson. However before considering what to do with her sentence I direct that the District Probation Officer avails before this court a detailed social inquiry report on the accused. The complainant must also be interviewed.
Mention on 20/12/2011.
DATED, SIGNED AND DELIVERED AT EMBU THIS 23RD DAY OF NOVEMBER 2011.
H.I. ONG’UDI
J U D G E