[2004] KEHC 1893 (KLR)
The court found that the appellant's plea of guilty was unequivocal as he admitted both the charge and the facts when read to him, and there was no evidence of misunderstanding or coercion. The conviction was therefore upheld. However, considering that the appellant was a first offender, was intoxicated at the time...
Source-derived case information.
- Citation
- [2004] KEHC 1893 (KLR)
- Parties
- Appellant: Simon Kihara Kihanya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 682 of 1998
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal against conviction dismissed; appeal against sentence allowed to the extent of reducing sentence to time served.
- Legal Topics
- Personation Offences, Plea of Guilty, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kihara Kihanya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's plea of guilty was unequivocal and valid.
- 2 Whether the sentence imposed was excessive in the circumstances.
Ratio Decidendi
The court found that the appellant's plea of guilty was unequivocal as he admitted both the charge and the facts when read to him, and there was no evidence of misunderstanding or coercion. The conviction was therefore upheld. However, considering that the appellant was a first offender, was intoxicated at the time of the offence, and had already served one and a half years of the sentence, the court held that the sentence of 30 months was excessive. The sentence was reduced to the period already served, and the appellant was ordered to be released forthwith.
Court Disposition
Appeal against conviction dismissed; appeal against sentence allowed to the extent of reducing sentence to time served.
Orders
- The appeal against conviction is dismissed.
- The appeal against sentence is allowed to the extent that the sentence is reduced to the term already served.
Full Case Text
Judgment text and source record
9 paragraphs
\ IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO. 682 OF 1998 (FROM ORIGINAL CONVICTION AND SENTENCE IN CREMINAL CASE NO. 167 OF 1998 OF THE RESIDENT MAGISTRATE’S COURT AT GATUNDU) SIMON KIHARA KIHANYA..............................APPELLANT VERSUS REPUBLIC............................................................ RESPONDENT JUDGMENT
Appellant was convicted for the offence of personating a police officer contrary to section 105 (b) of the Penal code and sentence to 30 months imprisonment on 28. 5.98.
He appeals against conviction and sentence.
The appellant had pleaded not guilty to the offence. The trial then started and one police officer gave evidence. Appellant did not cross examine him. Appellant then told court that he wished to change plea. The charge was then read which he admitted. The facts were thereafter read which he admitted. The plea of guilty was unequivocal and the appeal against conviction has not merit.
He was treated as a first offender. He said he was drunk and it is true that he was drinking in bar and had refused to pay saying he is a CID officer.
He has served 1 1/2 hears imprisonment which is sufficient punishment.
Consequently I dismiss the appeal against conviction. But I allow the appeal against sentence to the extent that I reduce the sentence of 30 months imprisonment to the term already served.
The result is that appellant shall be released forthwith.
E. M. Githinji Judge 22. 12. 99