[2014] KEHC 5320 (KLR)
The court found that the proceedings in the lower court were regular and that the sentence imposed on the applicant was within the law. There was no illegality, impropriety, or irregularity in the conviction or sentencing that would warrant the exercise of the High Court's revisionary jurisdiction. The application...
Source-derived case information.
- Citation
- [2014] KEHC 5320 (KLR)
- Parties
- Respondent: Republic; Applicant: Joseph Mutie Nyagah
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 12 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision dismissed
- Judges
- BT Jaden
- Legal Topics
- Obtaining by False Pretence, Forgery, Making Document Without Authority
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Mutie Nyagah
Applicant
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the proceedings in the lower court were regular and lawful.
- 2 Whether the sentence imposed on the applicant was within the law.
Ratio Decidendi
The court found that the proceedings in the lower court were regular and that the sentence imposed on the applicant was within the law. There was no illegality, impropriety, or irregularity in the conviction or sentencing that would warrant the exercise of the High Court's revisionary jurisdiction. The application for revision was therefore dismissed.
Court Disposition
application for revision dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL REVISION NO. 12 OF 2013
REPUBLIC
VERSUS
JOSEPH MUTIE NYAGAH ……………………………….. APPLICANT
RULING ON REVISION
By a letter dated 7/5/2013 the Applicant, Joseph Mutie Nyagah, moved this court for an order of revision under section 362 and 364of the Criminal Procedure Code.
The Applicant was arraigned in court on 29/4/2013 and pleaded guilty on three counts as follows:-
Count I – Obtaining money by false pretence contrary to section 313 of the Penal Code.
The particulars of the offence were that on diverse dates between 17th August 2012 and 1st February 2013 at Machakos Town in Machakos County, with intent to defraud, obtained from Katoloni Football Club, the sum of Kshs.1,428,800/= by falsely pretending that he has a sponsor who has volunteered to sponsor the said Katoloni Football Club a fact he knew to be false.
Count II- Forgery contrary to section 349 of the Penal Code.
The particulars of the offence were that on diverse dates between 17th August 2012 and 1st February 2013 at Machakos Town in Machakos County, with intent to defraud, forged 21 letters and 8 envelopes purporting to be letters and envelopes from Brookside Company.
Count III – Making a document without authority contrary to section 357 (a) of the Penal Code.
The particulars of the offence were that on diverse dates between 17th August 2012 and 1st February 2013 at Machakos Town in Machakos County, with intent to defraud, without lawful authority or excuse, made 21 letters and 8 envelopes purporting to be letters and envelopes from Brookside Company.
The Applicant pleaded guilty and was sentenced as follows:-
Count I – Two (2) years imprisonment.
Count II – Two (2) years imprisonment.
Count III – Four (4) years imprisonment.
The sentences run concurrently.
I have considered the lower court record and the provisions of the law under which the Applicant was charged. I am satisfied that the proceedings are regular and the sentence imposed is within the law. Consequently, I dismiss the application for revision.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 26thday of March 2014.
………………………………………
B. THURANIRA JADEN
JUDGE