Ogutu v Republic (Criminal Appeal 34 of 2020) [2022] KEHC 3383 (KLR) (5 May 2022) (Judgment)
Neutral citation:
[2022] KEHC 3383 (KLR)
Republic of Kenya
Criminal Appeal 34 of 2020
HPG Waweru, J
May 5, 2022
Between
Zablon Beyo Ogutu
Appellant
and
Republic
Respondent
(Appeal from original Sentence in Nanyuki Criminal Case No 1512 of 2019 – L Mutai, CM)
Judgment
1.The appellant herein, Zablon Beyo Ogutu, was convicted upon his own plea of forgery of a judicial document contrary to section 351 of the Penal Code. It was alleged that on November 20, 2019 at Thingithu area in Laikipia-East Sub-county within Laikipia County, he made two copies of a judicial document purporting it to be a court order when in fact it was not. On May 7, 2020 he was sentenced to four (4) years imprisonment. He has appealed only against that sentence. He has submitted in effect, that the sentence was manifestly harsh and excessive in the circumstances of the case.
2.Learned counsel for the respondent supports the sentence. She submitted that the offence carries a maximum sentence of seven (7) years imprisonment, while the appellant got only 4 years. She further submitted that the document that the appellant forged could have led to the loss of liberty of three innocent persons.
3.I have considered the above oral submissions. There is no gainsaying the seriousness of forging a judicial document, hence the maximum punishment of seven years imprisonment. Nevertheless the appellant was a first offender who pleaded guilty, thus saving the court precious judicial time. The act of pleading guilty is itself a show of remorse. All these factors ought to have led the trial court to consider a hefty fine or other non-custodial sentence.
4.I consider that the sentence of four (4) years imprisonment meted out to the appellant was manifestly harsh and excessive in the circumstances of this case.
5.The appellant has now served nearly two (2) years of his sentence. I consider that to be sufficient punishment. I will thus set aside the sentence of 4 years imprisonment imposed and substitute therefor the time already served. That means that the appellant shall be set at liberty forthwith unless otherwise lawfully held. It is so ordered. To that limited extent only the appeal against sentence succeeds.
DATED AND SIGNED AT NANYUKI THIS 4TH DAY OF MAY 2022H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 5TH DAY OF MAY 2022