[2004] KEHC 1845 (KLR)
The court found that the facts as presented did not support the charge under section 363 of the Penal Code, as the appellant did not give a false statement on matters required to be registered in the Registrar of births, deaths and marriages. Consequently, the conviction and sentence based on the plea of guilty were...
Source-derived case information.
- Citation
- [2004] KEHC 1845 (KLR)
- Parties
- Appellant: Silas Ouma Onyango Odila; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 262 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction and sentence quashed
- Legal Topics
- False Statement, Plea of Guilty, Conviction and Sentence, Penal Code Section 363
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Ouma Onyango Odila
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the facts presented supported the charge under section 363 of the Penal Code.
- 2 Whether the conviction and sentence based on the plea of guilty were proper in law.
Ratio Decidendi
The court found that the facts as presented did not support the charge under section 363 of the Penal Code, as the appellant did not give a false statement on matters required to be registered in the Registrar of births, deaths and marriages. Consequently, the conviction and sentence based on the plea of guilty were not proper in law. The appeal was allowed, and both the conviction and sentence were quashed.
Court Disposition
appeal allowed; conviction and sentence quashed
Orders
- The appeal is allowed.
- The conviction and sentence are quashed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO.262 OF 2003
(From original conviction and sentence in criminal case No.1067 of 2003 of the SRM’s
court at Homa Bay.)SILAS OUMA ONYANGO ODILA ……………………………………… APPELLANT
VERSUS
REPUBLIC ……………………………………………………………… RESPONDENT
JUDGMENT:
Appellant was convicted and sentenced on his own plea of guilty for the offence of giving false statements for Register of Births and Deaths and marriage c/s 363 Penal Code. He was imprisoned for 2 years.
The State Counsel conceded the appeal and stated the facts did not support the charge. I quite concur. The facts do not support a charge under s.363 of the Penal Code. Appellant did not give false statement on matters required to be registered in the Registrar of births, deaths and marriages.
I therefore allow the appeal and quash both the conviction and sentence. Accused be set at liberty.
Dated and delivered on 27th May 2004.
KABURU BAUNI JUDGE 27/5/04