[2025] KEMC 157 (KLR)
The court found that the accused persons, having pleaded guilty to unauthorized access of a computer system and multiple counts of cheating, were liable for conviction under the relevant statutory provisions. The court considered their status as first-time offenders and their plea for forgiveness but emphasized the...
Source-derived case information.
- Citation
- [2025] KEMC 157 (KLR)
- Parties
- Applicant: Republic; Defendant: Ian Odhiambo Orinda; Defendant: Aggrey Ayiecha Okoyo
- Court
- Magistrate's Court
- Court Station
- Nakuru Law Courts
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2025
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- PA Ndege
- Legal Topics
- Computer Misuse, Cybercrime, Unauthorized Access, Cheating, Fraudulent Obtaining of Money
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Ian Odhiambo Orinda
Defendant
Aggrey Ayiecha Okoyo
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused persons unlawfully accessed computer systems contrary to the Computer Misuse and Cybercrime Act.
- 2 Whether the accused persons committed the offence of cheating by fraudulently obtaining money from complainants.
- 3 What is the appropriate sentence for first-time offenders convicted on their own plea of guilt for these offences.
Ratio Decidendi
The court found that the accused persons, having pleaded guilty to unauthorized access of a computer system and multiple counts of cheating, were liable for conviction under the relevant statutory provisions. The court considered their status as first-time offenders and their plea for forgiveness but emphasized the seriousness of the offences, which involved deliberate and repeated fraudulent conduct targeting multiple victims. The court determined that the prescribed fines and custodial sentences were appropriate and proportionate, with sentences to run consecutively as required by law. The right of appeal was explained to the accused.
Court Disposition
convicted and sentenced
Orders
- Each accused to pay a fine of KES 1,500,000 on count 1 or serve 18 months imprisonment in default.
- Each accused to pay a fine of KES 48,000 on count 2 or serve 6 months imprisonment in default.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Orinda & another (Criminal Case E004 of 2025) [2025] KEMC 157 (KLR) (15 July 2025) (Sentence)
Neutral citation: [2025] KEMC 157 (KLR)
Republic of Kenya
In the Nakuru Law Courts
Criminal Case E004 of 2025
PA Ndege, SPM
July 15, 2025
Between
Republic
Prosecution
and
Ian Odhiambo Orinda
1st Accused
Aggrey Ayiecha Okoyo
2nd Accused
Sentence
1. The accused persons herein, Ian Odhiambo Orinda, And Aggery Ayiecha Okoyo, have been convicted upon own pleas of guilt of the offences of Unauthorized access of a Computer System Contrary to section 14 (1) as read with Section 15 (1) of the Computer Misuse and Cybercrime Act No. 5 of 2018; and 3 counts of the offence of Cheating.
2. They denied in the first count that on diverse dates between 6th March 2025 and 21st May 2025 at Mogoon Village of Kaptembwa area, Nakuru West sub-County, Nakuru county within the Republic of Kenya, jointly before court, they unlawfully accessed 136 M-kopa accounts with intent to commit a felony namely cheating and stealing (sic). They further denied in the other counts that on the 06th March, 27th March and 21st May, 2025, at the same village, with the use of fraudulent tricks, while jointly pretending to be employees of M-kopa (k) Ltd, they obtained Kshs. 16,555/- from Miriam Ayiemba; Kshs. 11. 900/- from one Vincent Baraka Nyongesa M-pesa account; Kshs. 7,400/- from one Anthony Kamau Ndungu M-pesa account, the monies which were deposited to the complainants as cash loans from M-kopa (k) Ltd after the accused had pretended that the money was not meant for them, a fact they knew to be false.
3. They are first-time offenders as no previous records were furnished by the prosecutions. They have pleaded for forgiveness. I have looked at the charges herein and the relevant provisions therein and I do hereby sentence the accused persons as follows:a.Count 1: Each to pay a fine of Kshs. 1,500,000/- i/d to serve 18 months imprisonment.b.Count 2: Each fined Kshs. 48,000/= i/d to serve 6 months imprisonment.c.Count 3: Each fined Kshs. 33,000/- i/d to serve 6 months imprisonment.d.Count 4: Each fined Kshs. 21,000/- i/d to serve 5 months imprisonment.Sentences to run consecutively as is required and 14 days right of appeal explained.
DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 15th DAY OF July , 2025ALOYCE-PETER-NDEGESENIOR PRINCIPAL MAGISTRATEIn the presence of;Court interpreter: JanetProsecution counsel: MachariaDefence Counsel: Bosire1st Accused: Present2nd Accused: Present1st Victim: Absent2nd Victim: Absent3rd Victim: AbsentBosire: Requesting for s copy of the proceedings and the ruling.CT: Certified copy of the proceedings and the ruling be supplied to the counsel upon payment of the necessary fee.