REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL REVISION NO. 123 OF 2018 KENNEDY MUKHONGO................................APPELLANT VERSUS REPUBLIC.......................................................RESPONDENT RULING 1. I have considered the application. I have also perused the original record of proceedings. The Applicant was convicted for offence of obtaining money by false pretences. The amount in question was the sum of Kshs. 221,249/=. He also faced two other counts of making a false document contrary to Section 357(a) of the Penal code and uttering a false document contrary to Section 353 of the Penal Code. 2. The sentence imposed in my view of a fine of Kshs. 1000,000/= in default serve 12 months imprisonment in respect of each of the counts was very reasonable, more so, taking into account that count II is a felony. 3. All the same, a punishment is intended to correct an accused. I have regard that he is not a first offender, as he too has admitted. However, for the period of 18 months served in custody, it is hoped he has learnt a lesson and this being his second time to be in conflict with the law, he shall not be caught up in the crime again. 4. On humanitarian grounds alone, I allow the application. I set aside the remainder of the sentence. I substitute it with an order that the Applicant has served sufficient sentence. I order him set free unless he is otherwise lawfully held. Dated and Delivered at Nairobi this 30th day of October, 2018. G.W. NGENYE-MACHARIA JUDGE In the presence of; 1. Applicant present in person 2. M/s Akunja for the Respondent.
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