[2014] KEHC 6550 (KLR)
The court found that the prosecution failed to provide a clear description of the parcel of land involved in the alleged offence, which was essential to proving the charge of giving false information. The existence of two conflicting parcels of land, as demonstrated by the appellant, created reasonable doubt as to...
Source-derived case information.
- Citation
- [2014] KEHC 6550 (KLR)
- Parties
- Appellant: Silas Omondi Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 56 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction and sentence set aside; appellant set free
- Legal Topics
- False Information, Public Service Offences, Criminal Appeal, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Omondi Onyango
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant gave false information to a person employed in public service contrary to section 129(a) of the Penal Code.
- 2 Whether the prosecution proved beyond reasonable doubt that the information given by the appellant was false.
- 3 Whether the prosecution identified the correct parcel of land relevant to the alleged offence.
Ratio Decidendi
The court found that the prosecution failed to provide a clear description of the parcel of land involved in the alleged offence, which was essential to proving the charge of giving false information. The existence of two conflicting parcels of land, as demonstrated by the appellant, created reasonable doubt as to whether the information given was indeed false. The prosecution's failure to clarify this fundamental aspect of the case meant that the conviction could not stand. Consequently, the appeal was allowed, the conviction and sentence set aside, and the appellant was set free.
Court Disposition
appeal allowed; conviction and sentence set aside; appellant set free
Orders
- The appeal is allowed.
- The appellant is set free.
Full Case Text
Judgment text and source record
21 paragraphs
ORIGINAL
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
CRIMINAL APPEAL NO. 56 OF 2012
SILAS OMONDI ONYANGO............................................................APPELLANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
[From original conviction and sentence in the Senior Resident Magistrate’s Court at Nyando Criminal Case No. 853 of 2011 Before Hon. C. Owiye]
J U D G M E N T
The appellant was charged with the offence of giving false information to a person employed in a public service contrary to section 129 (a) of the penal code.
The particulars are that on the 18-2-2011 at Chemelil police station post in Muhoroni district within Kisumu county informed Ag IP Galgalo Wario a person employed in a public service that your cane was maliciously damaged of which information you knew or believed to be false intending thereby cause knowing it to be likely that he would cause the said Ag. IP Galgalo Wario to arrest Alice Juma Auma which the said Ag. IP Galgalo Wario ought not to have done if the true state of facts respecting which such information was given had been known to him.
He was then convicted and sentenced to 18 months imprisonment hence this appeal.
The complainant told the court that the appellant gave information that his sugarcane was destroyed by one Alice Juma Auma. According to him when he carried out the investigations he found that it was the appellant's estranged wife PW4, Hellen Cheptoo who had sold the land to PW2 Alice Juma Auma. The said witness produced sale agreement to that effect. He thus concluded that the appellant had given false information to him.
The appellant on the other hand produced documents including a report from an agricultural officer which showed that his sugarcane crops had actually been destroyed.
When this matter came up for hearing the respondent conceded to the appeal. This court finds that the said concession was justified.
The prosecution did not give the description of the parcel of land which is essential in such a charge.
Equally, there seemed to be two conflicting parcels namely Kisumu/Sidho West/ 129as relied on by the prosecution and Kisumu/Sidho East/379as clearly demonstrated by the appellant including the production of the area map.
With these two conflicting parcel of lands nothing would have been easier for the prosecution to avail the proper parcel of land. It is therefore most probable that the sugarcane allegedly destroyed were in the portion of land as submitted by the appellant.
Without going into other issues raised by the appellant this appeal ought to succeed. The same is hereby allowed, the appellant set free and the sureties discharged.
Dated, signed and delivered at Kisumu this 27th day of January, 2014.
H.K. CHEMITEI JUDGE