Republic v Chege (Criminal Case E166 of 2025) [2025] KEMC 168 (KLR) (28 July 2025) (Sentence)

Republic v Chege (Criminal Case E166 of 2025) [2025] KEMC 168 (KLR) (28 July 2025) (Sentence) Neutral citation: [2025] KEMC 168 (KLR) Republic of Kenya In the Nakuru Law Courts Criminal Case E166 of 2025 PA Ndege, SPM July 28, 2025 Between Republic Prosecution and Leah Wanjiru Chege Accused Sentence 1.The accused person herein, Leah Wanjiru Chege, has been convicted upon own plea of guilt of the offence of Obtaining Money by False Pretenses contrary to section 313 of the [Penal Code](/akn/ke/act/1930/10). She admitted that on 28th February 2024 at around 5.00pm at Freehold Estate in Nakuru East sub-County within Nakuru County with intent to defraud, she obtained Kshs. 200,000/- from Susan Githaiga Nduta by falsely pretending to be in a position to secure her employment at the Ministry of Immigration Nairobi, a fact she knows to be false. 2.She is a first-time offender as no previous records were furnished by the prosecutions. She also prayed for forgiveness noting that she has been in remand custody since January, 2025. I have looked at the charges herein and the relevant provisions therein. 3.The maximum imprisonment sentence prescribed is a period of not more than 3 years. The accused person herein has however admitted the commission of the offence herein and shown her remorse. By admitting the offence, she has in fact saved the court’s time which could have been used to hear and record the evidence of the witnesses herein and later on analyzing the same at the conclusion thereof. Further, the offence herein was committed in conspiracy with the complainant to commit a further offence, possibly of bribery or another related anti-corruption offence, in which the victims herein may be termed as accomplices. Finally, the period that the accused has been in remand should also be considered in arriving at an appropriate sentence herein. 4.Considering all the above factors, I do find that the over 6 months months period served in remand is sufficient punishment for the accused person for this kind of offence and I thus do hereby discharge her u/s 35 (1) of the [Penal Code](/akn/ke/act/1930/10). She should thus be released from remand custody forthwith unless otherwise lawfully held. **DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 28 TH DAY OF JULY, 2025****ALOYCE-PETER-NDEGE****SENIOR PRINCIPAL MAGISTRATE** In the presence of;Court interpreter: JanetProsecution counsel: MachariaAccused: PresentVictim: Absent