Republic v Joseph Mutie Nyagah [2014] KEHC 5320 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CRIMINAL REVISION  NO. 12 OF 2013

REPUBLIC

VERSUS

JOSEPH MUTIE NYAGAH ………………………………..  APPLICANT

RULING ON REVISION

By a letter dated 7/5/2013 the Applicant, Joseph Mutie Nyagah, moved this court for an order of revision under section 362 and 364of the Criminal Procedure Code.

The Applicant was arraigned in court on 29/4/2013 and pleaded guilty on three counts as follows:-

Count I – Obtaining money by false pretence contrary to section 313 of the Penal Code.

The particulars of the offence were that on diverse dates between 17th August 2012 and 1st February 2013 at Machakos Town in Machakos County, with intent to defraud, obtained from Katoloni Football Club, the sum of Kshs.1,428,800/= by falsely pretending that he has a sponsor who has volunteered to sponsor the said Katoloni Football Club a fact he knew to be false.

Count II- Forgery contrary to section 349 of the Penal Code.

The particulars of the offence were that on diverse dates between 17th August 2012 and 1st February 2013 at Machakos Town in Machakos County, with intent to defraud, forged 21 letters and 8 envelopes purporting to be letters and envelopes from Brookside Company.

Count III – Making a document without authority contrary to section 357 (a) of the Penal Code.

The particulars of the offence were that on diverse dates between 17th August 2012 and 1st February 2013 at Machakos Town in Machakos County, with intent to defraud, without lawful authority or excuse, made 21 letters and 8 envelopes purporting to be letters and envelopes from Brookside Company.

The Applicant pleaded guilty and was sentenced as follows:-

Count I – Two (2) years imprisonment.

Count II – Two (2) years imprisonment.

Count III – Four (4) years imprisonment.

The sentences run concurrently.

I have considered the lower court record and the provisions of the law under which the Applicant was charged.  I am satisfied that the proceedings are regular and the sentence imposed is within the law.  Consequently, I dismiss the application for revision.

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B. THURANIRA JADEN

JUDGE

Dated and delivered at Machakos this 26thday of March 2014.

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B. THURANIRA JADEN

JUDGE