[2013] KEHC 2490 (KLR)
The court found that the sentence of twenty years imprisonment was harsh and excessive given that the appellants were first offenders and had already spent three years in remand custody prior to conviction. The court relied on precedent from a similar case in which a sentence for piracy was reduced. Taking these...
Source-derived case information.
- Citation
- [2013] KEHC 2490 (KLR)
- Parties
- Appellant: Abdirahman Mohamed Roble & 10 Others; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 94 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced
- Judges
- GO Shikwe
- Legal Topics
- Piracy, Sentencing Principles, First Offender Status, Custodial Sentence, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdirahman Mohamed Roble & 10 Others
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of twenty years imprisonment for piracy was harsh and excessive.
- 2 Whether the trial court failed to consider the appellants' status as first offenders and their period in remand custody.
Ratio Decidendi
The court found that the sentence of twenty years imprisonment was harsh and excessive given that the appellants were first offenders and had already spent three years in remand custody prior to conviction. The court relied on precedent from a similar case in which a sentence for piracy was reduced. Taking these mitigating factors into account, the court exercised its discretion to reduce the sentence to five years imprisonment from the date of conviction. The court also ordered that upon completion of the sentence, the appellants be repatriated to Somalia, their country of origin, which had returned to considerable normalcy.
Court Disposition
sentence reduced
Orders
- The sentence of twenty years imprisonment is set aside and substituted with a sentence of five years imprisonment from the date of conviction.
- Upon completion of the sentence, the appellants shall be repatriated to Somalia.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 94 OF 2012
ABDIRAHMAN MOHAMED ROBLE & 10 OTHERS …......……..APPELLANTS
VERSUS
REPUBLIC ……….……..............................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 1582 of 2009 of the Chief Magistrate's Court at Mombasa – Hon. S.K. Gacheru - PM)
JUDGMENT
The Appellants in Criminal Appeal Cases Nos. 94 – 104 of 2012 (which were Consolidated) were convicted and Sentenced to twenty (20) years imprisonment for the offence of piracy contrary to section 69 (1) as read with section 69(3) of the Penal Code.
The particulars are that on the 3rd day of May, 2009 upon the high seas of the Indian Ocean, jointly being armed with offensive weapons namely 2 AK 47 Rifles, one RPG 7, 6 RPG Launchers and one knife attacked motor vessel F.N.S NIVOSE and at the time of such act put in fear the lives of the crewmen of the said vessel.
The case went to full hearing and determination.
This appeal is on sentence only.The grounds are that the Appellants were sentenced to twenty (20) years imprisonment which is harsh and excessive.
That the trial court did not consider that the prosecution had treated the Accused persons as first offenders.
That they had been in custody since their time of arrest which was on 8th May, 2009.
The appeal is opposed on the grounds that the Appellants were convicted on piracy charges which carry a maximum of life imprisonment whereas they had been sentenced to twenty (20) years imprisonment.
A perusal of the charge sheet presented before the court indicates that they were arrested on 8th May, 2009. They were in custody till the date of their Conviction on 19th day of April, 2012.
I have been referred to Mombasa High Court Criminal Appeal No. 110 of 2010 in which I reduced the sentence of twenty (20) years imprisonment for a similar offence of piracy to ten years imprisonment.
I have borne in mind that the Appellants were treated as first offenders.I have also noted that they were in remand for three years before their Conviction.The Sentence of twenty (20) years is therefore deemed as harsh. It is reviewed and reduced to five years imprisonment from the time of their Conviction.
Now that their Country of origin (Somalia) has returned to considerable normalcy, upon finishing Sentence to be repatriated back to their country (Somalia).
Judgment dated and delivered in open Court this 30th day of August, 2013.
…................
M. MUYA
JUDGE
30TH AUGUST, 2013
In the presence of:-
Learned State Counsel Mr. Tanui
Learned Counsel Mr. Omar
Court clerk Mr. Musundi