[2001] KEHC 717 (KLR)
The court found that the appellant, having pleaded guilty to all four counts and having no previous convictions, deserved a reduction in sentence. Furthermore, since the appellant was apprehended before he could withdraw the funds, and the money remained in the bank accounts, the court ordered the release of the...
Source-derived case information.
- Citation
- [2001] KEHC 717 (KLR)
- Parties
- Appellant: Samuel Mwangi Gatate; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1210 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Sentence reduced; orders for restitution of funds issued.
- Legal Topics
- Sentencing, Guilty Plea, Concurrent Sentences, Restitution of Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Mwangi Gatate
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was excessive and should be reduced.
- 2 Whether the funds held in the bank accounts should be released to Kenya Railways Corporation.
Ratio Decidendi
The court found that the appellant, having pleaded guilty to all four counts and having no previous convictions, deserved a reduction in sentence. Furthermore, since the appellant was apprehended before he could withdraw the funds, and the money remained in the bank accounts, the court ordered the release of the funds to the Kenya Railways Corporation. The sentences on all counts were reduced to one year each, to run concurrently, reflecting the mitigating circumstances and the recovery of the funds.
Court Disposition
Sentence reduced; orders for restitution of funds issued.
Orders
- The sentence on each of the four counts is reduced to one year’s imprisonment to run concurrently.
- The Family Finance Building Society Bank, Nairobi and Kiambu branches to release the amounts held in the respective accounts in the names of Joseph Christopher Ngure Kagwe and Charles Koogi Karuku to Kenya Railways Corporation.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.1210 OF 2000
(From Original Conviction and Sentence in Criminal Case No.1979 of 2000
of the Principal Magistrate’s Court at Nairobi:
SAMUEL MWANGI GATATE ........................................APPELLANT
VERSUS
REPUBLIC ..................................................................... RESPONDENT
JUDGEMENT
The appellant’s appeal is only against the sentence.
The appellant pleaded guilty to all 4 counts of the charge. He had no previous court.
He was caught before he could withdraw the money and the two sums of money are still held by the Family Finance Building Society’s Bank accounts in its Nairobi and Kiambu Branch.
I reduce the sentence on each of the four counts to one year’s imprisonment to run concurrently.
ORDER
The Family Finance Building Society Bank, Nairobi and Kiambu branches to release the amounts held in the respective accounts in the names of Joseph Christopher Ngure Kagwe and Charles Koogi Karuku to Kenya Railways Corporation.
Dated and delivered at Nairobi this 29th day of January, 2001.
V. V. PATEL JUDGE