[2021] KEHC 5342 (KLR)
The court found that the sentence of 2½ years imprisonment imposed on the applicant for obtaining money by false pretences was both lawful and lenient, particularly as the applicant was a first offender who pleaded guilty. The court noted that the applicant had not appealed the conviction or sentence and that the...
Source-derived case information.
- Citation
- [2021] KEHC 5342 (KLR)
- Parties
- Applicant: William Okeyo Onduta; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E041 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence declined; applicant to serve full sentence
- Judges
- RE Aburili
- Legal Topics
- Obtaining by False Pretences, Sentencing Principles, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Okeyo Onduta
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for obtaining money by false pretences was lawful and should be revised.
- 2 Whether the applicant's mitigation and intention to refund the complainant warranted a reduction of sentence.
Ratio Decidendi
The court found that the sentence of 2½ years imprisonment imposed on the applicant for obtaining money by false pretences was both lawful and lenient, particularly as the applicant was a first offender who pleaded guilty. The court noted that the applicant had not appealed the conviction or sentence and that the probation report recommending release was insufficient, as it failed to include the victim's views and there was no evidence of restitution of the KShs.300,000 fraudulently obtained. The absence of any attempt to refund the complainant, despite the applicant's stated intention, led the court to conclude that there was no justification to interfere with the sentence. Accordingly,...
Court Disposition
application for revision of sentence declined; applicant to serve full sentence
Orders
- The application for revision of sentence is declined.
- The applicant shall serve the full sentence of 2½ years imprisonment.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION CASE NO. E041 OF 2021
WILLIAM OKEYO ONDUTA.......................................................................APPLICANT
VERSUS
REPUBLIC...................................................................................................RESPONDENT
(Revision Application from the judgment, conviction and sentencein
BONDO PM’S MAGISTRATES COURTNO. 1021 OF 2019on 2. 12. 2019
by Hon. EN. Wasike – Senior Resident Magistrate)
RULING
1. The Convict William Okeyo Onduta was charged with the offence of ObtainingMoney by False Pretences contrary to Section 313 of the Penal Code. The offence occurred on 5. 8.2019 at Uyawi Village, Bondo Sub-County within Siaya County. The amount falsely obtained was KShs.300,000/= and the Complainant is Pauline Samba.
The convict was sentenced to serve 2½ years imprisonment after pleading guilty to the charge. The offence is that he falsely pretended that he was in a position to sell a piece of land to the complainant in Uyawi, a fact he knew to be false. The Convict is a first offender and pleaded guilty. The plea of guilty was unequivocal. He has now served 1 year and a half leavning one year of the prison term.
2. The sentence imposed was lawful and lenient. The inmate did not appeal against his conviction and sentence. However, the Probation Report which recommends release of the Offender is too sketchy and the victim appear not to have been contacted for her views on the request for sentence revision. She lost KShs.300,000/= which has not been refunded although in mitigation the offender said he wanted to refund the money. KShs.300,000/= is not little money. It is hard earned money. In the absence of any evidence that the offender has made good his attempt to refund the money fraudulently obtained from Complainant, I find no reason to interfere with the lenient lawful sentence imposed.
3. I decline to revise the sentence of 2½ years imprisonment imposed on the Convict William Okeyo Onduta and Order that he serves full sentence.
4. Orders accordingly.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE