Republic v Orinda & another (Criminal Case E004 of 2025) [2025] KEMC 157 (KLR) (15 July 2025) (Sentence)

Republic v Orinda & another (Criminal Case E004 of 2025) [2025] KEMC 157 (KLR) (15 July 2025) (Sentence) Neutral citation: [2025] KEMC 157 (KLR) Republic of Kenya In the Nakuru Law Courts Criminal Case E004 of 2025 PA Ndege, SPM July 15, 2025 Between Republic Prosecution and Ian Odhiambo Orinda 1st Accused Aggrey Ayiecha Okoyo 2nd Accused Sentence 1.The accused persons herein, Ian Odhiambo Orinda, And Aggery Ayiecha Okoyo, have been convicted upon own pleas of guilt of the offences of Unauthorized access of a Computer System Contrary to section 14 (1) as read with Section 15 (1) of the [Computer Misuse and Cybercrime Act](/akn/ke/act/2018/5/eng@2022-12-31#part_III__sec_15) No. 5 of 2018; and 3 counts of the offence of Cheating. 2.They denied in the first count that on diverse dates between 6th March 2025 and 21st May 2025 at Mogoon Village of Kaptembwa area, Nakuru West sub-County, Nakuru county within the Republic of Kenya, jointly before court, they unlawfully accessed 136 M-kopa accounts with intent to commit a felony namely cheating and stealing (sic). They further denied in the other counts that on the 06th March, 27th March and 21st May, 2025, at the same village, with the use of fraudulent tricks, while jointly pretending to be employees of M-kopa (k) Ltd, they obtained Kshs. 16,555/- from Miriam Ayiemba; Kshs. 11.900/- from one Vincent Baraka Nyongesa M-pesa account; Kshs. 7,400/- from one Anthony Kamau Ndungu M-pesa account, the monies which were deposited to the complainants as cash loans from M-kopa (k) Ltd after the accused had pretended that the money was not meant for them, a fact they knew to be false. 3.They are first-time offenders as no previous records were furnished by the prosecutions. They have pleaded for forgiveness. I have looked at the charges herein and the relevant provisions therein and I do hereby sentence the accused persons as follows:a.Count 1: Each to pay a fine of Kshs. 1,500,000/- i/d to serve 18 months imprisonment.b.Count 2: Each fined Kshs. 48,000/= i/d to serve 6 months imprisonment.c.Count 3: Each fined Kshs. 33,000/- i/d to serve 6 months imprisonment.d.Count 4: Each fined Kshs. 21,000/- i/d to serve 5 months imprisonment.Sentences to run consecutively as is required and 14 days right of appeal explained. **DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 15 TH DAY OF JULY , 2025****ALOYCE PETER NDEGE****SENIOR PRINCIPAL MAGISTRATE** In the presence of;Court interpreter: JanetProsecution counsel: MachariaDefence Counsel: Bosire1st Accused: Present2nd Accused: Present1st Victim: Absent2nd Victim: Absent3rd Victim: AbsentBosire: Requesting for s copy of the proceedings and the ruling.CT: Certified copy of the proceedings and the ruling be supplied to the counsel upon payment of the necessary fee. *[Kshs]: kenya shillings