James Michael Luyali v Republic [2014] KEHC 6010 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL REVISION NO. 11 OF 2014

JAMES MICHAEL LUYALI  ...........................APPLICANT

VERSUS

REPUBLIC  ……..……...........................…RESPONDENT

( From Original Conviction and Sentence in Criminal  Case No. 533 of 2014 of the Chief Magistrate's Court at Mombasa – Hon. V. Kachuodho– RM )

REVISION

The Applicant was charged in Court on the 13th day of March, 2014 with the offence of impersonating a public officer contrary to Section 105 (b) of the Penal Code.

He  pleaded guilty to the charge and was Sentenced to one (1) months imprisonment on the same day (13th March, 2014).

The particulars of the charge are that:-

“On the 12th day of March,  2014 at Wayani Estate in Chaangamwe within Mombasa County falsely presented himself to be a person employed in the public service namely County government  of Mombasa and assumed to arrest and search ROSE AMBOGA OSUR”.

The offence of impersonation carries a maximum Sentence of three (3) years.  The applicant was Sentenced to one (1)month imprisonment from 13th March, 2014.  The trial magistrate was very lenient in Sentencing him to only one month (1) imprisonment.

I find no good reason to interfere more so when the applicant has nearly served the whole term. During mitigation in the lower Court he did not state that he was ailing.

I decline revision of the Sentence.

Ruling delivered dated and signed this 25th day of March, 2014.

…................

M.  MUYA

JUDGE

25TH MARCH, 2014

In open Court in  the presence of:-

Learned State Counsel Miss Fundi

Learned Counsel for the applicant absent

Court clerk Mr. Buoro

M.  MUYA

JUDGE

25TH MARCH, 2014

COURT - FURTHER ORDER:

As the applicant appears to be sick to be taken for medication.

…...................

M. MUYA

JUDGE

25TH MARCH, 2014