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William Arianda Andere v Republic [2016] KEHC 8458 (KLR)

[2016] KEHC 8458 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8458
Citation
[2016] KEHC 8458 (KLR)
Decided
6 November 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureApplicant's appeal from the trial court's judgmentCoramG.W. NGENYE-MACHARIA
Holding

The court ordered a fine of Kshs. 200,000 in default and one year imprisonment for count 1, and a fine of Kshs. 50,000 in default and six months imprisonment for count 2, all to run consecutively.

Facts

The applicant was charged with five counts of making a document without authority, uttering a false document, and obtaining money by false pretenses. He was convicted on all counts but only sentenced on counts 3 to 5.

Issues

  1. To pass sentence in counts 1 and 2
  2. To correct the omission to pass sentence in counts 1 and 2

Reasoning

The court found the omission to pass sentence in counts 1 and 2 to be an irregularity and an illegality, and ordered the sentences to be imposed.

Outcome

The court upheld the conviction but corrected the sentencing omission.

Orders

  • To pass sentence in counts 1 and 2

Remedies

  • Sentences in counts 1 and 2

Authorities cited

Legislation (2)
  • Criminal Procedure Code
  • Penal Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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