Case Metadata |
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| Case Number: | Criminal Appeal 809 of 1979 |
|---|---|
| Parties: | Firdos Verjee v Republic |
| Date Delivered: | 30 Oct 1979 |
| Case Class: | Criminal |
| Court: | High Court at Nairobi (Milimani Law Courts) |
| Case Action: | Judgment |
| Judge(s): | Edward Trevelyan, Alan Robin Winston Hancox |
| Citation: | Firdos Verjee v Republic [1979] eKLR |
| Advocates: | S Dhanji for the Appellant. J Ndegwa State Counsel for the Republic. |
| Court Division: | Criminal |
| Parties Profile: | Individual v Government |
| County: | Nairobi |
| Advocates: | S Dhanji for the Appellant. J Ndegwa State Counsel for the Republic. |
| Case Summary: | Firdos Verjee v Republic High Court, Appellate Side, Nairobi 30th October 1979 Trevelyan & Hancox JJ Criminal Appeal No 809 of 1979 Criminal law – sentence - factors affecting sentence – illness requiring treatment - need for proof that treatment not available in prison -need to bring illness to the attention of trial court. Appeal Firdos Verjee appealed to the High Court (Criminal Appeal No 809 of 1979) against her sentence of three years imprisonment ordered by the Senior Resident Magistrate, Nairobi, on her conviction of conspiracy with Joseph Kuria to defraud the Standard Bank . (In a note dated 21st November 1979 appended by Hancox J (with the approval of Trevelyan J) to the transcript of the judgment it is stated that an appeal by Joseph Kuria was summarily dismissed by Simpson J on 22nd September 1979 (Criminal Appeal No 681 of 1979). No case was cited in the judgment. Advocates S Dhanji for the Appellant. J Ndegwa State Counsel for the Republic. |
| History Advocates: | Both Parties Represented |
| Case Outcome: | Appeal dismissed. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
HIGH COURT APPELLATE SIDE NAIROBI
CRIMINAL APPEAL NO 809 OF 1979
FIRDOS VERJEE .......................................APPELLANT
VERSUS
REPUBLIC.............................................RESPONDENT
JUDGMENT OF THE COURT
The appellant was charged jointly with Joseph Kuria (who has not appealed) with conspiracy to defraud the Standard Bank Ltd, Kimathi Street branch, of Shs 367,925/85, contrary to section 317 of the Penal Code. They were both convicted by the Senior Resident Magistrate, Nairobi, and each sentenced to three years’ imprisonment.
The evidence disclosed that what was clearly a forged cheque purporting to come from the Ministry of Tourism and Wildlife for Shs 367,925/85 was sought to be paid into an account maintained by the appellant at the bank (in which there was only a small balance) by Kuria (who was a cashier) and who; contrary to regulations, completed the paying-in-slip.
That was on 12th January 1979. On 1st February 1979, the appellant attempted unsuccessfully to draw Shs15,000 from the account by means of a cheque. The matter was duly investigated and brought to Court with the result that we have stated.
No complaint was made by Mr Dhanji, who appeared for the appellant, both at the trial and on this appeal, against the conviction or against the legality of the sentence. Nor could he do so, in our view, for the evidence showed a serious and premeditated fraud involving a large sum in which the appellant, if anything, played the greater part.
What is now urged on the appellant’s behalf, however, is that she is now (and was at the time of the sentence) undergoing daily medical treatment which is still necessary and which is not available at the prison hospital (where the appellant now is); and consequently she should, in effect, be released forthwith so that the treatment may be continued.
Mr Dhanji admitted to us that he made no complaint before the sentence was passed on 14th July of the condition from which the appellant is now said to have been suffering at that time. Incredibly (in view of what he now says), all that he did was to state, self-evidently, that the appellant’s employment and family life would be seriously prejudiced. Accordingly, the evidence which he tendered in the form of two specialist reports, having been available at the trial, was not admissible. As State counsel, although we invited him to do so, had no observations to make on the matter, we took the exceptional course of looking at them. Having done so, their contents only reinforce our conclusion that the material in them should, if it was sought to rely on it, have been brought to the attention of the trial magistrate. In any event, they go nowhere near establishing that the appellant’s condition is so grave that she urgently needs treatment outside prison, and there is no evidence whatsoever to establish that the necessary treatment is not available within it.
Although State counsel did not either support or concede the question of sentences, merely leaving it to the Court, we have no hesitation in saying that the offence was extremely serious both in character and extent and that both sentences were well deserved. Neither have we been persuaded that any reduction on such medical grounds as have been advanced is in any way justified. The appeal is accordingly dismissed.
Appeal dismissed.
Dated and delivered at Nairobi this 30th day of October 1979.
TREVELYAN
JUDGE
A.R.W HANCOX
JUDGE
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